Judgment No. 4112

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2019
• Original: Anglais
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant contests retroactively his promotions.

Judgment keywords

Keywords

promotion; retroactive promotion; complaint dismissed

Consideration 5

Extract:

The approach of the [Internal Appeals Committee] and the complainant involves a misconception about the width of the principle concerning “new facts” which allows for some flexibility with the strict application of time limits. The principle is only engaged when the new fact or facts relate directly to and impact upon the decision which the complainant sought to challenge out of time. In the present case, the operative administrative decisions with direct legal effect were the promotion decisions. The fact or facts identified by the [Internal Appeals Committee] did not relate directly to nor impacted upon the promotion decisions. They were nothing more than facts evidencing an emerging environment concerning and manifesting the inadequacies of the career arrangements then operating in the EPO.

Keywords

internal procedure; new fact

Consideration 6

Extract:

The EPO was correct in dismissing the internal appeal as time-barred. In the result, internal means of redress have not been exhausted and the complaint is irreceivable. For this reason, the complaint should be dismissed.

Keywords

receivability of the complaint; internal remedies exhausted; late appeal