Judgment No. 3811
The complaint is dismissed.
The complainant, a non-active employee of the European Patent Office, impugns the Administrative Council’s rejection of his request for review of the Council’s decision CA/D 2/15 amending the provisions of the Service Regulations for permanent employees relating to sick leave and invalidity.
summary procedure; complaint dismissed
While it is true that the case law does not exclude the possibility of challenging a general decision directly, it draws a distinction between, on the one hand, general decisions setting out the arrangements governing pay and other conditions of service, and, on the other hand, general decisions which do not give rise to implementing decisions and which involve matters of common concern to all staff (see, for example, Judgment 3427). Contrary to the view put forward by the complainant, decision CA/D 2/15 belongs to the former category. Its individual application to the complainant was due to occur in January 2016 and he should have filed a request for management review with the President of the Office against an individual implementing decision.
The complaint is therefore clearly irreceivable as the complainant did not exhaust the internal remedies available to him. It must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.
Jugement(s) TAOIT: 3427
general decision; individual decision; summary procedure