Judgment No. 818
Decision
THE COMPLAINT IS DISMISSED.
Consideration 4
Extract:
The complainant may "impugn the decision because it was based on a new method of reckoning. The change is of such a kind as to warrant challenging a method that has the effect of revising the system of steps within grade."
Keywords
general decision; receivability of the complaint; cause of action; amendment to the rules; provision; professional experience; reckoning; seniority
Consideration 3
Extract:
"The EPO contends that the complaint is irreceivable on the grounds that the claims for redress are not the same as those that made up the internal appeal. The Tribunal rejects the plea. As the EPO acknowledges, the claims that are before the Tribunal are covered by the ones that were before the Appeals Committee."
Keywords
complaint; new claim; receivability of the complaint
Consideration 4
Extract:
"What the principle [of equality] requires is that everyone in like case should be governed by the same rules and get the same treatment."
Keywords
general principle; equal treatment; definition
Consideration 4
Extract:
"The Tribunal will [...] consider [...] whether the purpose or even the mere effect of the rule is to put some members of the staff at a severe disadvantage. If the new method of reckoning seniority did have that effect the Tribunal would have to see whether it was warranted by broader considerations, the organisation being allowed a large degree of discretion in the matter."
Keywords
equal treatment; staff regulations and rules; amendment to the rules; provision; professional experience; reckoning; seniority; judicial review; discretion
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