Judgment No. 1394
1. THE TRIBUNAL WILL NOT RULE ON THE CLAIMS TO THE QUASHING OF THE PRESIDENT'S DECISION OF 12 NOVEMBER 1993 AND TO DAMAGES FOR THE ALLEGED UNLAWFULNESS OF THAT DECISION.
2. THE EPO SHALL PAY THE COMPLAINANT 5,000 GERMAN MARKS IN MORAL DAMAGES FOR THE DELAY IN RATING HIS PERFORMANCE IN 1986-87.
3. IT SHALL PAY HIM 5,000 MARKS IN COSTS.
"At the date of filing [...] the decision [the complainant] is impugning did indisputably cause him injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail."
complaint; complaint allowed; complaint allowed in part; decision; withdrawal of decision; receivability of the complaint; cause of action; no cause of action; application for quashing
The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."
complaint allowed; complaint allowed in part; moral injury; delay; organisation's duties; work appraisal; performance report; compensation; moral damages
Since the complaint succeeds in part and the reason why the Tribunal is declining to rule on the impugned decision is that it has been withdrawn, the complainant is entitled to costs.
complaint allowed; complaint allowed in part; decision; withdrawal of decision; costs; amount