Judgment No. 2630

• Organization: European Patent Organisation (EPO)
• Date: 11.07.2007
• Original: English
• Judges: Gentot, Gaudron, Gordillo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 5

Extract:

"[A]s held in Judgment 1712, '[t]he necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury'. Moreover, the case law has it that 'receivability does not depend on proving actual and certain injury', all that a complainant need show is that the decision under challenge 'may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment' (see Judgment 1330, under 4)."

Reference(s)

ILOAT Judgment(s): 1330, 1712

Keywords

complaint; decision; injury; receivability of the complaint; cause of action; staff member's interest; staff regulations and rules; contract; condition; consequence; effect; right; safeguard; official