Judgment No. 4131
The complaint is dismissed.
The complainant impugns the decision of the President of the Office to reject his appeal against the referral of his case to the Appeals Committee.
summary procedure; step in the procedure; complaint dismissed
The complaint is irreceivable. Although the complainant has formally exhausted the internal means of redress available to him, his internal appeal was directed against what was merely a step in the process which would culminate in a final decision on his appeal. According to the case law, the steps leading to a final decision can be challenged before the Tribunal only in the context of a complaint impugning that final decision (see, for example, Judgment 3961, consideration 4, and the case law cited therein; Judgment 3958, consideration 15; and Judgment 3860, considerations 5 and 6).
Jugement(s) TAOIT: 3860, 3958, 3961
receivability of the complaint; final decision; step in the procedure