Judgment No. 4280
The complaint is dismissed.
The complainant contests the decision not to grant him a retirement pension.
pension; complaint dismissed
The complaint is irreceivable in accordance with Article VII, paragraph 1, of the Statute of the Tribunal which provides that “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”. The complainant has not complied with the provisions of Articles 92(2) and 93 of the Staff Regulations, which require that an internal complaint against an act adversely affecting him be submitted to the Director General within three months, and that an appeal to the Tribunal be allowed only if the internal complaint filed pursuant to Article 92(2) has been rejected by express or implied decision. The letter of 26 April 2018 cannot be considered as a final decision within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal. Given that the internal means of redress are open to former Eurocontrol officials, the complainant should have requested a review of the decision by the Director General in accordance with the Staff Regulations.
receivability of the complaint; internal remedies not exhausted
Despite having impugned the [...] decision, which exclusively addressed the issue of his request for the payment of a monthly retirement pension, the complainant devoted the majority of his complaint ostensibly to challenging his non-reinstatement. The Tribunal finds that these additional claims are also irreceivable for failure to exhaust the internal means of redress, as he did not challenge, in accordance with the Staff Regulations, any of the decisions not to reinstate him.
new claim; new plea