Judgment No. 3228
1. The EPO shall pay the complainant 800 euros in costs for the internal appeal.
2. The complaint is otherwise dismissed.
The complainant challenges his staff report, alleging that it was flawed owing to procedural errors.
"According to the Tribunal’s case law, issues raised by staff reports “are discretionary and the Tribunal will set aside or amend a report only if there is a formal or procedural flaw, a mistake of fact or law, or neglect of some material fact, or misuse of authority, or an obviously wrong inference from the evidence. Those criteria are the more stringent because the EPO has a procedure for conciliation on staff reports and the Service Regulations entitle officials to appeal to a joint body whose members are directly familiar with the workings of the Office.” (See Judgment 1688, under 5, and also Judgments 806, under 15, and 1144, under 7.) It is clear from the case law that the Tribunal will not interfere with the discretionary assessment of the decision-maker unless there is a reviewable error."
Organization rules reference: Circular No. 246
ILOAT Judgment(s): 806, 1144, 1688
performance report; rebuttal; judicial review; discretion; procedural flaw