Judgment No. 4485
The complaint is dismissed.
Acting in his capacity as a staff representative, the complainant challenges the decision to assign different duties and responsibilities to a Principal Director without a competitive selection process.
staff representative; selection procedure; complaint dismissed
The EPO notes that the complainant filed the present complaint in his capacity as a staff representative, but explicitly states that it does not challenge the receivability of the complaint. In view of the position of the EPO and the fact that, ultimately, the complaint is to be dismissed, the Tribunal will not, itself, examine the receivability of the complaint. However, this should not be taken as a tacit acceptance by the Tribunal that, in a similar case in the future, the complaint will be treated, without question, as receivable.
receivability of the complaint; staff representative
[A]s the complainant provides no evidence, as required by the case law, to prove that the challenged decision was based on a misuse of authority (see, for example, Judgment 3193, consideration 9) or to prove that the President exercised his discretion unlawfully under any of the other proscribed heads referred to in consideration 5 of Judgment 4240, the complaint is unfounded and will be dismissed.
Jugement(s) TAOIT: 3193, 4240
burden of proof; misuse of authority