Judgment No. 3525
The complaints are dismissed, as is the EPO’s counterclaim.
The complainant challenges statements made by the EPO in its surrejoinder to his second complaint which led to Judgment 3146.
ILOAT Judgment(s): 3146
procedure before the tribunal; joinder; surrejoinder; complaint dismissed
A complainant must apply for permission to submit additional comments in the proceedings dealing with her or his complaint, if she or he has reasonable grounds to object to the comments made by the organisation in its surrejoinder. Statements which are made in the context of complaint proceedings before the Tribunal are not decisions within the meaning of Article 106 of the Service Regulations and are thus not challengeable in separate complaint proceedings, nor do they fit strictly within the requirements of Article II of the Tribunal’s Statute.