Judgment No. 558
1. THE EPO SHALL FILE WITH THE REGISTRY OF THE TRIBUNAL, WITHIN TEN DAYS FROM THE DATE OF NOTIFICATION TO IT OF THIS ORDER, THE REPORT OF THE ORGANISATION DIRECTORATE CITED IN THE DECISION WHICH THE PRESIDENT TOOK ON 3 MAY 1982.
2. THE REGISTRY SHALL COMMUNICATE THE TEXT TO THE COMPLAINANT AND SET THE TIME LIMIT FOR FILING HER REJOINDER.
"In the course of the written proceedings, the complainant applied to the President of the Tribunal for an order for the production of the report on which the impugned decision was based." Her application succeeds. "When in session the Tribunal itself will order measures of investigation, and the President has communicated the complainant's application to the Tribunal, which is holding its [...] session."
competence of tribunal; president of the tribunal; interlocutory order; order; disclosure of evidence; request by a party
The organisation is opposed to the disclosure of the report [on which the impugned decision is based] on the grounds that the report is an internal document not included in the items which the service regulations require to be put in a staff member's personal file. "There are two reasons why the complainant's application should succeed. First, it concerns a report which deals with the point in dispute and which has a bearing on the Tribunal's decision. Secondly, the impugned decision does not give the reasons set out in the report, even though it does not describe the report as confidential."
report; interlocutory order; order; confidential evidence; disclosure of evidence; request by a party