Judgment No. 4431
1. The impugned decision of 30 April 2018 is set aside.
2. The matter is remitted to the EPO in order that the Appeals Committee consider afresh the appeal of the complainant lodged on 27 June 2017.
3. The EPO shall pay the complainant 800 euros costs.
4. All other claims are dismissed.
The complainant challenges a decision of the Administrative Council introducing new rules for employees of the European Patent Office concerning the right to strike.
complaint allowed; general decision; internal appeal; decision quashed; case sent back to organisation; right to strike
In concluding that the internal appeal was irreceivable, the Appeals Committee rejected any suggestion that CA/D 5/13 had an immediate and adverse effect on the complainant. However the gist of the complainant’s argument in relation to Article 65(1)(c) was that it had had such an effect and, at least quite clearly implicitly, on his (and his colleagues’) right to strike. The Tribunal, in its Judgment 3761, consideration 14, made clear that a general decision may, in certain circumstances, be impugned if it immediately and adversely affects individual rights. The complainant’s argument involved such a contention. The conclusion of the Appeals Committee that his appeal was manifestly irreceivable failed to consider this question and was thus legally flawed.
ILOAT Judgment(s): 3761
general decision; cause of action; internal appeal; procedural flaw