Judgment No. 738

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 17.03.1986
• Original: English
• Judges: Grisel, Ducoux, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED AS IRRECEIVABLE.

Summary

Extract:

At the end of a correspondence with the office of the Director-General, the complainant wrote that he would assume that no appeal lay against the Director-General's decision, unless the organisation informed him that this was not the case. The Tribunal holds that as the holder of a Ph.D. in law and head of finance and legal affairs, the complainant should know that the Director-General has no power to absolve an official from his obligation to exhaust the means of redress open to him.

Keywords

absence of final decision; receivability of the complaint; direct appeal to tribunal; internal remedies exhausted; exception