Judgment No. 370

• Organization: European Patent Organisation (EPO)
• Date: 18.06.1979
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

The decision not to promote the complainant is a matter of discretion. In this case, the Tribunal notes that the Director-General did not abuse his discretionary authority. "Moreover, the effects of the decision not to promote the complainant derive from the relevant rules. However detrimental the complainant may find them, they afford no reason for promoting him."

Keywords

staff regulations and rules; enforcement; provision; promotion; judicial review; discretion

Consideration 4

Extract:

"In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."

Keywords

lack of injury; receivability of the complaint; internal appeals body; internal appeal; flaw; procedural flaw