Judgment No. 3786
Decision
1. The impugned decisions notified to the complainants by separate letters dated 20 January 2014 from the Chairman of the Administrative Council are set aside.
2. The joined case, insofar as it regards the challenges to decision CA/D 5/13, is remitted to the EPO for the President to proceed in accordance with consideration 9.
3. The claims regarding the salary deductions of 17 October 2013 are dismissed.
4. The applications to intervene are rejected.
5. All other claims are dismissed.
Summary
The complainants challenge a decision of the Administrative Council introducing provisions in the Service Regulations for permanent employees regulating the right to strike.
Judgment keywords
Keywords
complaint allowed; joinder; decision quashed; case sent back to organisation; right to strike; strike
Consideration 9
Extract:
The flaw identified [...], stemming from the Administrative Council's lack of competence to review the requests according to the system referred to in Title VIII of the Service Regulations, warrants setting aside the impugned decisions and remitting the matter to the EPO in order for the President, as the competent authority, to take a decision on the complainant's requests for review within two months from the date of the delivery in public of this judgment. The President may consult with the Administrative Council if he considers it desirable to do so having regard to the nature of the appealed decision.
Keywords
case sent back to organisation
Consideration 11
Extract:
Mr H.’s applications to intervene are irreceivable as [...] his situation in fact and in law is not similar to that of the two complainants.
Keywords
intervention
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