Judgment No. 1554

• Organization: European Patent Organisation (EPO)
• Date: 11.07.1996
• Original: English
• Judges: Barberis, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 10

Extract:

"The complainant is wrong in contending that for challenging the non-renewal of his contract the time limit of ninety days was somehow held over because of a connexion with his application for a post. His complaint shows two distinct elements: the non-renewal of his contract on 31 January 1994 and his unsuccessful application for a post in April 1994. His failure to file a complaint with the Tribunal within ninety days of 31 January 1994 means that any claim in relation to his contract is time-barred. As for his application for a post, by the time he made it he was no longer an employee of the Organisation. Since an outside candidate for employment does not have access to the Tribunal his complaint is irreceivable in that regard as well."

Reference(s)

ILOAT reference: ARTICLE VII OF THE STATUTE

Keywords

locus standi; complainant; status of complainant; receivability of the complaint; time limit; time bar; contract; competition; candidate; non-renewal of contract; external candidate; ratione personae