Judgment No. 847

• Organization: European Patent Organisation (EPO)
• Date: 10.12.1987
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

What the complainant "is really challenging is the reckoning of his seniority for promotion as originally determined. He could of course at one time have challenged it but [...] it is now too late."

Keywords

receivability of the complaint; internal remedies exhausted; professional experience; reckoning; seniority

Consideration 9

Extract:

The complainant claims that Circular 144 on the reckoning of seniority for promotion should be withdrawn. The claim is irreceivable inasmuch as "the complainant is not challenging an individual decision but objecting to certain general rules in the Circular. As the Tribunal has held before - for example in Judgment 625 [...] - a complaint impugning a general decision against which no direct internal appeal will lie is irreceivable until individual decisions are taken on the strength of the general decision."

Reference(s)

ILOAT Judgment(s): 625

Keywords

general decision; individual decision; receivability of the complaint; competence of tribunal; administrative instruction; application for quashing