Judgment No. 2832
The complaint is dismissed, as is the EPO's counterclaim.
Considerations 7 and 8
The complainant retired on 1 March 2007. Having been informed of the appointment, with effect from 1 June 2007, of a number of grade A3 examiners to appeal board member posts at grade A5, he field an internal appeal against the appointments in question. The EPO contends that the complainant, given his status as a retiree, has no cause of action.
"It has to be acknowledged that this objection to receivability is well founded. [...] It is true that the Tribunal's case law as set forth, inter alia, in Judgments 1330, 2204 and 2583, does not make a complaint's receivability depend on proving certain injury. It is sufficient that the impugned decision should be liable to violate the rights or safeguards that international civil servants enjoy under the rules applicable to them or the terms of their employment contract. Thus, where a decision is taken, for instance, to appoint a staff member to a particular post, another staff member's interest in challenging such an act does not depend on whether he or she had a relatively good chance of being appointed to the post in question (see, for example, Judgments 1223 and 1272). However, as demonstrated by the same case law, the person concerned must be eligible to occupy the post; otherwise he or she could not be deemed to be legally affected by the disputed appointment. This condition is clearly not met in the present case, because the complainant could not, on account of his retirement, aspire to be appointed as a member of an appeal board with effect from 1 June 2007 and because the disputed decisions therefore had no impact on his own situation."
ILOAT Judgment(s): 1223, 1272, 1330, 2204, 2583
complaint; decision; injury; status of complainant; international civil servant; receivability of the complaint; cause of action; internal appeal; case law; staff regulations and rules; provision; contract; appointment; post; retirement; condition; consequence; date; right; safeguard
The complainant seeks to have his retirement pension recalculated on a different basis.
"[T]he Tribunal finds that it has no jurisdiction in any event to award him such redress."
claim; competence of tribunal; reckoning; pension; refusal