Judgment No. 1786

• Organization: European Patent Organisation (EPO)
• Date: 28.01.1999
• Original: French
• Judges: Carroll, Gentot, Hugessen
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"According to consistent precedent, when impugning an individual decision that touches him directly, the employee of an international organisation may challenge the lawfulness of any general or prior decision'. That ruling does not allow direct challenge to a general decision of a kind that must ordinarily be given effect by individual decision [see Judgment 1000]. As the Tribunal said in Judgments 624 [...] and 663 [...] and has often said since, the staff member must impugn an individual decision applying a general one and, if need be, may for that purpose challenge the lawfulness of the general one without any risk of being told that such challenge is time-barred."

Reference(s)

ILOAT Judgment(s): 624, 663, 1000

Keywords

complaint; general decision; individual decision; receivability of the complaint; cause of action; time limit; time bar; case law; official