Judgment No. 3458

• Organization: European Patent Organisation (EPO)
• Date: 11.02.2015
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complaints, clearly irreceivable, are summarily dismissed.

Judgment keywords

Keywords

direct appeal to tribunal; internal remedies exhausted; summary procedure; complaint dismissed

Consideration 4

Extract:

As the two complaints involve the same parties and raise the same issue of receivability, the Tribunal finds it convenient to join them.

Keywords

joinder

Consideration 7

Extract:

It is firm case law that a staff member is not allowed on his or her own initiative to evade the requirement that internal means of redress must be exhausted before a complaint is filed before the Tribunal (see Judgments 3190, under 9, and 2811, under 10 and 11, and the case law cited therein). According to Article VII, paragraph 1, of the Statute of the Tribunal, a complaint shall not be receivable unless a final decision is impugned, the person concerned having exhausted such other means of resisting as are open to her or him under the applicable staff regulations (see, for example, Judgment 163).

Reference(s)

ILOAT Judgment(s): 163, 2811, 3190

Keywords

direct appeal to tribunal; internal remedies exhausted