Judgment No. 4443
The complaint is dismissed.
The complainant argues that the Presidentís withdrawal of the final decision on his appeal was unlawful, that the referral of the appeal back to the Appeals Committee was equally unlawful, and that the Tribunal was wrong in considering the list of withdrawn decisions which had been provided, without consulting him, by the EPO.
summary procedure; internal remedies not exhausted; complaint dismissed
The claims underlying [this] complaint will never be examined by the Tribunal, not because there was a procedural trap, but because the complainant insisted on his own incorrect interpretation of the legal implications of the Tribunalís decisions in Judgments 3694 and 3785. He simply refused to participate in the internal appeal procedure and failed to impugn the final decision adopted at the end of that procedure. It is firmly established in the case law that, in order to comply with Article VII, paragraph 1, of the Statute of the Tribunal, which provides that a complaint will 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 must follow the available internal appeal procedures properly (see, for example, Judgments 3296, consideration 10, and 3749, consideration 2). The case law further states that a staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to filing a complaint with the Tribunal (see Judgments 4056, consideration 4, 3458, consideration 7, 3190, consideration 9, and 2811, considerations 10 and 11, and the case law cited therein). In the circumstances of this case, the complainant has only himself to blame for the fact that his claims will not be examined.
ILOAT Judgment(s): 2811, 3190, 3296, 3458, 3694, 3749, 3785, 4056
internal remedies not exhausted