Christos Koulovatianos, who previously led the Finance Department at the University of Luxembourg's Faculty of Law, Economics and Finance (FDEF), sought urgent intervention from the administrative court to suspend or overturn the Rectorate's decision to remove him from his departmental leadership role.
He argued the measure should at least be put on hold until a full hearing could take place before the administrative tribunal, where he has also launched a formal legal challenge.
It is important to note that the Rectorate's decision, made earlier this year following the resignation of the faculty’s dean, affected only his position as department head, whereas his employment contract as professor at the university remains unchanged.
Administrative court president Marc Sunnen found that he lacked the jurisdiction, in summary proceedings, to make a ruling that would have a definitive effect, which means that the court cannot cancel or fully suspend the decision in this context.
The court further noted that Koulovatianos' five-year mandate as department head was due to expire on 14 February 2028. Given the typical duration of legal proceedings, it is unlikely the substance of the case could be resolved before his term ends.
As a result, granting a provisional suspension would, in effect, amount to a permanent reinstatement, making it impossible for the university to undo this decision, even if it ultimately prevailed in court.
The judge explained that should he allow the requested suspension, Koulovatianos would serve out his full mandate until its scheduled end on 14 February 2028, "thereby creating a de facto and de jure irreversible situation".
This would render any subsequent full trial on the merits effectively meaningless, the judge continued, as affirming the university's decision at that stage would provide no practical remedy.
By then, the applicant would already have completed his term, with the university "unable to undo what has already been done save for seeking reimbursement of any compensation unduly received".
Finally, as required by law, the court found that Koulovatianos had failed to demonstrate, that the early termination of his departmental mandate would cause him irreparable harm.
