Judgment No. 1870
1. The impugned decision is set aside.
2. The Agency shall pay the complainant 8,000 euros in damages and compensation for moral injury, under all heads, subject to the findings in 6.
3. The Agency shall pay the complainant 2,000 euros in costs.
4. All other claims are dismissed.
Mr. B., intervening in a previous case, had resorted to an expert in graphology in order to prove that the complainant, who contested his appointment to a post, had falsified documents. He seeks reimbursement of the costs incurred in obtaining this expert opinion. "The steps he took were not necessary since, when expert opinion is required, it is for the Tribunal to order it on its own motion or on the application of another party (Article 11 of the Rules of the Tribunal). Mr. B. should therefore have confined himself to submitting the question to the Tribunal, which would have judged the pertinence of the matter and the validity of the proof supplied. The costs which he incurred in obtaining an extra-judicial expert opinion, which cannot replace a judicial expert opinion, were not therefore necessary." So they are not reimbursable by the organisation.
ILOAT reference: ARTICLE 11 OF THE RULES
complaint; complaint allowed; complaint allowed in part; intervention; submissions; further submissions; expert inquiry; cost of expert inquiry