Judgment No. 3537
1. The EPO shall pay the complainant 3,500 euros in moral damages.
2. It shall also pay him costs in the amount of 3,000 euros.
3. All other claims are dismissed.
The complainant challenges a competition procedure and alleges harassment.
complaint allowed; joinder; competition; harassment
The Tribunal cannot substitute its evaluation for that of the EPO and will only interfere with a selection decision if that decision was taken without authority; if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts; if it was taken in breach of a rule of form or of procedure; or if there was an abuse of authority (see Judgments 2060, under 4, and 2457, under 6).
ILOAT Judgment(s): 2060, 2457
appointment; competition; judicial review; discretion; selection procedure