Judgment No. 2762
Decision
1. The impugned decision is set aside.
2. The Organisation shall pay moral damages to the complainant and the interveners as representatives of the Staff Committee in an amount equivalent to one euro per staff member.
3. It shall pay the complainant costs in the amount of 1,000 euros.
4. All other claims are dismissed.
Considerations 26-27
Extract:
The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. "The Organisation is correct in stating that the Service Regulations do not preclude the recruitment of the spouses of staff members. Nor does there appear to be any regulatory bar to the recruitment of the spouses, friends, or close associates of the highest ranking officials in the Organisation. Whether this type of recruitment ought to be permitted is not for the Tribunal to decide but is a question of policy for each organisation to answer.
However, where an organisation permits such recruitment, then it is imperative that special procedures be put in place to ensure the integrity and transparency of the selection process. Where such procedures have not been put in place, the presumptions of regularity and bona fides will not apply. In the absence of the operation of these presumptions, it will take very little to establish improper motive or bad faith."
Keywords
procedure before the tribunal; competence of tribunal; good faith; appointment; competition; family relationship; executive head; selection procedure; motivation; presumption
Consideration 31
Extract:
The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. He seeks, inter alia, a public apology. "[T]his claim for relief will be dismissed [...] because it is beyond the Tribunal's power to make such order."
Keywords
competence of tribunal; apology
Consideration 33
Extract:
Seven other staff representatives applied under Article 13, paragraph 1, of the Tribunal’s Rules to intervene in the complaint. Their applications are allowed and the benefit of the present judgment including the award of moral damages shall be extended to them.
Keywords
intervention; moral damages
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