ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > complaint dismissed

Judgment No. 3811

Decision

The complaint is dismissed.

Summary

The complainant, a non-active employee of the European Patent Office, impugns the Administrative Councilís rejection of his request for review of the Councilís decision CA/D 2/15 amending the provisions of the Service Regulations for permanent employees relating to sick leave and invalidity.

Judgment keywords

Keywords

summary procedure; complaint dismissed

Considerations 6-7

Extract:

While it is true that the case law does not exclude the possibility of challenging a general decision directly, it draws a distinction between, on the one hand, general decisions setting out the arrangements governing pay and other conditions of service, and, on the other hand, general decisions which do not give rise to implementing decisions and which involve matters of common concern to all staff (see, for example, Judgment 3427). Contrary to the view put forward by the complainant, decision CA/D 2/15 belongs to the former category. Its individual application to the complainant was due to occur in January 2016 and he should have filed a request for management review with the President of the Office against an individual implementing decision.
The complaint is therefore clearly irreceivable as the complainant did not exhaust the internal remedies available to him. It must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.

Reference(s)

ILOAT Judgment(s): 3427

Keywords

general decision; individual decision; summary procedure



 
Last updated: 10.11.2021 ^ top