Judgment No. 899
1. THE COMPLAINTS ARE DISMISSED AS IRRECEIVABLE INSOFAR AS THEY RELATE TO THE DEFINITION OF "UNMARRIED OFFICIALS" IN ARTICLE 6(C) OF THE ANNEX TO THE 159TH REPORT OF THE CO-ORDINATING COMMITTEE OF GOVERNMENT BUDGET EXPERTS OF THE CO-ORDINATED ORGANISATIONS.
2. AS TO THE EFFECT OF THE SUBTRACTION OF THE DUTCH LEVY IN WORKING OUT PAY SCALES, THERE SHALL BE THE FURTHER SUBMISSIONS SET OUT IN 20 ABOVE.
3. THE MATTER OF COSTS IS RESERVED.
"To begin with, the Tribunal will not review criteria laid down in any national law. The only rules it will apply are those that govern the international civil service and in this case they are the EPO Service Regulations".
competence of tribunal; applicable law; international civil service principles; domestic law; staff regulations and rules
"The claim [...] did not form part of the internal appeals - because the change came later - and may not be put forward for the first time in complaints to the Tribunal. It fails because it is irreceivable."
complaint; new claim; receivability of the complaint; internal remedies exhausted
In regard to the Dutch levy issue, "since no reasons were given for the impugned decisions there was breach of Article 106(1) of the Service Regulations which requires that the decision 'state the grounds on which it was based'."
Organization rules reference: ARTICLE 106, PARAGRAPH 1, OF THE EPO SERVICE REGULATIONS
decision; duty to substantiate decision; grounds; salary; deduction; reduction of salary
"Besides safeguarding the staff member's interests, the requirement [that the grounds on which a decision is based should be stated] enables the Tribunal to review, something it cannot do properly when the purpose and legal basis of the decision and the reasons underlying it are unexplained."
decision; duty to substantiate decision; judicial review; purpose
The Tribunal is being prevented "from determining the ambit of the dispute and exercising its power of review. The Tribunal requires [...] further submissions before ruling on the merits".
procedure before the tribunal; interlocutory order; further submissions
"The EPO's replies to the complaints are perfunctory. [The organisation] merely cites the policy of one of the seven chosen countries and the Council's posture without actually addressing the objective criteria applied in reckoning pay and working out the scale.* Not by submissions of that kind may it avoid compliance with the rules in dealings with staff. It is preventing the Tribunal from determining the ambit of the dispute and exercising its power of review."
*the material issue is the impact on EPO salaries of a deduction levied on salaries in the Dutch civil service.
general decision; organisation's duties; salary; deduction; reduction of salary