Judgment No. 4049
The complaint is dismissed, as is the EPO’s counterclaim for costs.
The complainant challenges the composition of the Appeals Committee which issued the opinion on the basis of which the impugned decision was taken.
composition of the internal appeals body; complaint dismissed
The Tribunal’s examination is limited to considering the provision in force at the material time [...].
At the material time, Article 5 of the Implementing Rules concerning the appointment of members of the Appeals Committee provided for the appointment of full members and alternate members.
The Tribunal is satisfied that two of the four members were appointed by the President [...] and two were chosen “[b]y way of exception” among eligible staff members [...], and considers that the Committee’s balanced composition was guaranteed in accordance with the provisions of Article 36(2)(a) of the Service Regulations, which are not ambiguous. The Appeals Committee was competent to rule on the legality of its composition, which is a condition for its competence. The Appeals Committee’s decision to apply the summary procedure was a proper exercise of its power of evaluation.
composition of the internal appeals body