Judgment No. 4113

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2019
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to promote him and contends that the EPO breached its duty to treat him with dignity.

Judgment keywords

Keywords

grade; promotion; complaint dismissed

Consideration 5

Extract:

The complaint form and the complainant’s pleas (both his brief and rejoinder) do not identify with any particularity precisely what the decision is that he seeks to impugn in these proceedings. The EPO challenges the receivability of the complaint. Viewing the complaint form and the complainant’s pleas as benevolently as possible in the circumstances, his complaint either challenges the decision not to promote him or the decision not to accede to his request for an expedited hearing of his appeal or, perhaps, both. The latter decision is not a final administrative decision with operative legal effect. At best, it was a decision made as a step towards a final administrative decision, had one ever been made in his internal appeal (see Judgment 3890, consideration 5).

Reference(s)

ILOAT Judgment(s): 3890

Keywords

receivability of the complaint; impugned decision; final decision; step in the procedure