Judgment No. 3796
1. The decision notified to the complainant by letter dated 14 July 2015 from the Chairman of the Administrative Council is set aside.
2. The case is remitted to the EPO for the President to proceed in accordance with consideration 4.
3. All other claims are dismissed.
The complainant challenges the rejection of his request for review of the EPO Administrative Council's decision CA/D 10/14 introducing a new career system, on which the final decision was taken by the Administrative Council.
complaint allowed; decision quashed; case sent back to organisation; impugned decision
The flaw identified [...], stemming from the Administrative Council's lack of competence to review the request according to the system referred to in Title VIII of the Service Regulations, warrants setting aside the impugned decision and remitting the matter to the Organisation in order for the President, as the competent authority, to take a decision on the complainant's request for review within two months from the date of the delivery of this judgment. The President may consult the Administrative Council if he considers it desirable to do so having regard to the nature of the challenged decision.
case sent back to organisation