Judgment No. 885
1. THE DECISION OF 9 OCTOBER 1987 IS QUASHED.
2. THE EPO SHALL PAY HIM 500 DEUTSCHMARKS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
"an epo staff member who alleges non-observance of the terms of his appointment or of the applicable staff rules and regulations has the right to submit an internal appeal and, if still dissatisfied, to appeal ultimately to the tribunal. the existence of the right is in the interests of both sides since it serves to maintain harmony, general efficiency and good morale in the organisation."
right of appeal; general principle; purpose
Considerations 3 and 4
"the interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [the organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. for the foregoing reasons the tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."
complaint allowed; organisation; competence; right of appeal; vexatious complaint; decision quashed; disciplinary measure; censure; judicial review