Judgment No. 4329

• Organization: European Patent Organisation (EPO)
• Date: 24.07.2020
• Original: English
• Judges: Frydman, Hansen, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant, a former official of the EPO, requested the President of the Office to provide him with a written declaration affirming that he was not a target of certain practices alleged in press articles.

Judgment keywords

Keywords

cause of action; summary procedure; complaint dismissed

Consideration 6

Extract:

Pursuant to Article II, paragraph 5, of its Statute the Tribunal is competent to hear complaints alleging “non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations”.
The complainant requested the President of the Office to provide him with a written declaration affirming that he was not a target of certain practices alleged in press articles. There is no obligation in the Service Regulations for the President to issue such a declaration and therefore the decision not to grant such a request does not amount to “non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations”.
Similarly, the complainant did not affirm that his home equipment was illegally monitored. In fact, his allegation that his equipment at home was monitored by the EPO is purely hypothetical and he asks that this hypothetical violation should cease. Again, he does not allege “non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations”.

Keywords

cause of action; competence of tribunal