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Judgment No. 1442

Decision

1. THE PRESIDENT'S DECISION OF 22 FEBRUARY 1994 REJECTING THE COMPLAINANT'S INTERNAL APPEAL OF 17 DECEMBER 1992 IS SET ASIDE TO THE EXTENT STATED IN CONSIDERATION 7.
2. THE COMPLAINANT'S OTHER CLAIMS ARE DISMISSED.
3. THE APPLICATION TO INTERVENE IS ALLOWED TO THE EXTENT STATED IN CONSIDERATION 10.

Consideration 5

Extract:

The EPO pleads that the complaint is irreceivable on the grounds that theinternal appeal came too long after the announcement of the disputed measure and the general decision to apply it to the staff. "The objection cannot be sustained. What the complainant is impugning is not those general decisions but theapplication of them to himself which would be the consequence of the EPO's holding to its - in his view mistaken - interpretation of them."

Keywords

complaint; general decision; individual decision; receivability of the complaint; internal appeal; time limit; time bar

Consideration 10

Extract:

A staff member's application to intervene succeeds "insofar as his claims concur with the complainant's and he is in like case. But insofar as he objects to certain statements in the surrejoinder and seeks compensation for injury the organisation's attitude caused him, he is raising issues of no relevance to this case and to that extent his application is irreceivable."

Keywords

intervention; receivability of the complaint; condition



 
Dernière mise à jour: 20.08.2020 ^ haut