Judgment No. 2272
1. The decision by the President of the Office of 17 October 2002 not to promote the complainant to grade A4 as from 1 June 2000 is set aside.
2. The complainant's promotion shall take effect as of 1 June 2000. He is entitled to the retroactive payment of the resulting salary difference plus interest at 8 per cent per annum.
3. The EPO shall pay the complainant the sum of 1,500 euros in costs.
4. All other claims are dismissed.
A rule, "approved by the Administrative Council, [cannot] be called into question by the President. It is true that, when deciding to promote or not to promote a permanent employee, the President enjoys discretionary authority, subject to the Tribunal¿s limited power of review. Within the bounds of this limited power of review, however, the Tribunal considers whether decisions referred to it are not flawed by abuse of authority or error of law. In the present case, the complainant argues rightly that by refusing to apply to his case a rule which had been approved by the Administrative Council, despite the fact that he met the necessary requirements, the President committed an error of law and abused his authority."
complaint allowed; complaint allowed in part; written rule; enforcement; interpretation; repeal; promotion; judicial review; discretion; executive head; limits; executive body; misuse of authority; condition; refusal