Judgment No. 3302

• Organization: European Patent Organisation (EPO)
• Date: 05.02.2014
• Original: Anglais
• Judges: Barbagallo, Ba, Frydman
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaints are dismissed.

Summary

The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.

Judgment keywords

Reference(s)

ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
Jugement(s) TAOIT: 2780, 2811, 2939

Keywords

decision; internal appeal; internal remedies exhausted; delay; reasonable time; organisation's duties; iloat statute; staff member's duties; duty of care; complaint dismissed

Consideration 5

Extract:

Whilst the delay in dealing with these internal appeals is excessive by any standards and would ordinarily justify an award of damages, the evidence on file shows that, far from having done everything that might be expected of him to bring the appeal proceedings to a close, the complainant, by his own actions, has in fact greatly hampered those proceedings by deliberately filing as many appeals as possible in an attempt to pressure the Administration into acceding to his various requests.

Keywords

delay