Judgment No. 4269

• Organization: European Patent Organisation (EPO)
• Date: 10.02.2020
• Original: English
• Judges: Frydman, Diakité, Kreins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant, a former EPO employee subjected to a “house ban”, seeks to impugn the decision to reject his requests for review.

Judgment keywords

Keywords

receivability of the complaint; internal remedies exhausted; summary procedure; complaint dismissed

Consideration 6

Extract:

Article VII, paragraph 1, of the Statute of the Tribunal provides that “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”. It is clear from the file that the email [...] from the Conflict Resolution Unit, which confirmed that the complainant’s challenge to the house ban imposed on him was being addressed through the internal appeal procedure, does not constitute a final decision for the purposes of Article VII, paragraph 1, of the Tribunal’s Statute.

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute

Keywords

internal remedies exhausted; final decision