Judgment No. 4116

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

Decision

The complaint is dismissed.

Summary

The complainant challenges the rejection of his request for payment of an education allowance for his children.

Judgment keywords

Keywords

allowance; education expenses; complaint dismissed

Consideration 4

Extract:

[T]he case law of the Tribunal requires the exhaustion of the internal means of redress by means which accord with the applicable staff rules and time limits, citing Judgments 575, consideration 2, and 1888, consideration 4. In the present case, if the letter of 22 December 2008 constituted a final administrative decision in relation to the complainant’s request for the payment of the education allowance, then plainly no challenge by way of an internal appeal was maintained within the specified time limit. Also, if that is the correct characterization of the letter of 22 December 2008, the “decision” of 18 December 2009 was simply confirmatory of the original final administrative decision in relation to the complainant’s request and did not set off new time limits for the submission of an internal appeal (see, for example, Judgment 3870, consideration 4).

Reference(s)

ILOAT Judgment(s): 575, 1888, 3870

Keywords

confirmatory decision