Judgment No. 1144
THE COMPLAINT IS DISMISSED.
The complainant, who has objections to his performance report, contends that the EPO's reporting system does not treat all officials on the same basis inasmuch as one group of officials may complete a shortened report and because the system is in breach of Article 6 of the European Convention on Human Rights, which says that everyone shall be entitled to a fair hearing by an independent and impartial tribunal. But the Tribunal considers that "the complainant has not shown that he himself has been adversely affected because staff who belong to another category have [the aforementioned] option." Moreover, "the Convention puts obligations on signatory States, and it is not apparent that it is applicable [...]. At all events, even supposing that the Convention as such was applicable, the Tribunal's answer to the plea would be that the principles underlying Article 6 are fully recognised in the Service Regulations".
lack of injury; right to reply; equal treatment; international instrument; enforcement; performance report; rating
"As was said in Judgment 806 [...], a decision on a staff report, being a discretionary one, may be set aside only on limited grounds such as a procedural or formal flaw, a mistake of fact or of law, the overlooking of some material fact, abuse of authority or the drawing of a mistaken conclusion from the evidence. That judgment goes on to explain that the review will be more limited because at the EPO there is a procedure for conciliation on staff reports and the Service Regulations allow the staff member to appeal to a joint committee made up of people who are closely familiar with the running of the Office."
Jugement(s) TAOIT: 806
performance report; rebuttal; judicial review; discretion