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Judgment No. 2805

Decision

1. The President's decision of 29 March 2007 is set aside to the extent that it impliedly dismissed the complainant's internal appeal of 21 August 2006 and refused to refer that appeal to the Internal Appeals Committee.
2. The President of the Office is directed to transmit the complainant's internal appeal of 21 August 2006 to the Internal Appeals Committee within ten days of the delivery of this judgment.
3. The EPO shall pay the complainant's costs in the amount of 500 euros.
4. The complaint is otherwise dismissed.

Considerations 4, 5 and 7

Extract:

The complainant lodged an appeal against the decision to reject his complaint of harassment, saying that his counsel would provide further details at a later date. The EPO dismissed the appeal due to the absence of a statement in support thereof. Before the Tribunal, the Organisation contends that the complainant failed to exhaust the internal means of redress.
"The issue at the centre of the complaint is whether it is necessary to provide grounds of appeal."
"There is no express provision in the Service Regulations or in Circular No. 286 requiring that grounds of appeal be specified when lodging an appeal."
"Where regulations and rules or other written documents are silent as to a matter, a term dealing with that matter may be implied, but only if it is so obviously comprehended within the text used in the regulations and rules or other document that its statement is unnecessary, or, if the term to be implied is necessary to give effect to some other term."

Keywords

general principle; written rule; staff regulations and rules; interpretation; no provision; provision; staff member's duties; interpretation of rules



 
Dernière mise à jour: 29.09.2021 ^ haut