Judgment No. 846
THE COMPLAINT IS DISMISSED.
"The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."
complaint; new claim; receivability of the complaint; internal remedies exhausted
The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."
statement of intent; cause of action; no cause of action; settlement out of court; disciplinary measure; censure; application for quashing