Judgment No. 840

• Organization: European Southern Observatory (ESO)
• Date: 10.12.1987
• Original: Anglais
• Judges: Ducoux, Carroll, Douglas
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."

Reference(s)

Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS

Keywords

receivability of the complaint; formal requirements; internal appeal; internal remedies exhausted