Judgment No. 3698

• Organization: European Patent Organisation (EPO)
• Date: 06.07.2016
• Original: French
• Judges: Rouiller, Frydman, Diakité
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the abolition of the Audit Committee of the EPO Administrative Council.

Judgment keywords

Keywords

cause of action; complaint dismissed

Considerations 1-2

Extract:

The Tribunal has jurisdiction under Article II, paragraph 5, of its Statute to hear complaints alleging “non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations”. In consequence, when “[t]he complainant does not allege the non-observance of any of the terms of his appointment or of any of the Staff Regulations applicable to him”, his complaint must be held to be irreceivable (see Judgment 2952, under 3).
The Tribunal observes that the complainant does not allege any violation of the terms of his appointment or of staff regulations that are applicable to him. His case does not relate to his administrative status but rather to the organisation of the EPO, his employer, for which he is plainly not responsible.

Reference(s)

ILOAT Judgment(s): 2952

Keywords

receivability of the complaint; cause of action; no cause of action