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Judgment No. 3198

Decision

The complaint is dismissed.

Summary

The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.

Consideration 13

Extract:

"[A] complaint will be irreceivable if a complainant is not adversely affected by the impugned decision. Accordingly, in the context of staff assessment reports, the Tribunal stated as follows in Judgment 1674, under consideration 6(a): “a complaint is irreceivable when the decision at issue is not one that adversely affects the complainant. A decision is an act by an officer of an organisation which has a legal effect on the staff member’s status: see Judgment 532 […]. The complainant suffers no injury from having to wait for a later decision which he may impugn, [...]. Similarly, an internal appeal, followed by a complaint, is not receivable when the organisation’s rules prescribe some formality to be completed first (see Judgment 468 […] concerning ‘something which is only one step in a complex procedure and of which only the final outcome is subject to appeal’).”"

Reference(s)

ILOAT Judgment(s): 1674

Keywords

decision; receivability of the complaint; cause of action; no cause of action

Consideration 22

Extract:

"[A] cause of action no longer exists when the action that is complained of is withdrawn. Thus, the Tribunal stated as follows in Judgment 1394, under 4, in which the EPO was the defendant:
“At the date of filing […] the decision [the complainant] is impugning did indisputably cause [him] injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail.”"

Reference(s)

ILOAT Judgment(s): 1394

Keywords

withdrawal of decision; receivability of the complaint; cause of action; no cause of action

Consideration 25

Extract:

"According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."

Reference(s)

ILOAT Judgment(s): 1380

Keywords

decision; withdrawal of decision; lack of injury; professional injury; no cause of action; evidence; lack of evidence; moral damages; material damages



 
Last updated: 16.08.2017 ^ top