Judgment No. 2418
1. The President's decision of 3 September 2003, insofar as it rejected the appeals of the complainants by refusing to re-run the procedure as recommended by the Appeals Committee, is set aside.
2. The EPO shall pay compensation to each complainant in the sum of 1,000 euros.
3. It shall pay each complainant punitive damages in the sum of 2,500 euros.
4. The EPO shall also pay each complainant the sum of 1,000 euros in costs.
5. The complaints are otherwise dismissed.
The Appeals Committee considered that the promotion procedure carried out under the vacancy notice was legally flawed and it unanimously recommended that the three contested appointments be revoked and that the application procedure be re-run. The President of the Office refused to re-run the procedure as recommended by the Committee. The Tribunal, having found that the challenged decision was irregular, in breach of the principle of equal treatment and that the Administration's attitude showed a distinct lack of even-handedness, awards punitive damages in the sum of 2,500 euros to each complainant.
complaint allowed; complaint allowed in part; decision; judgment of the tribunal; equal treatment; breach; flaw; bias; punitive damages
"Although the EPO has disputed the complainants' claim for costs of these proceedings on the basis that their counsel is a full-time EPO staff member, it is appropriate to award each complainant 1,000 euros to cover their out of pocket expenses, time and trouble."
claim; complaint allowed; complaint allowed in part; receivability of the complaint; costs; condition; counsel