Judgment No. 4269

• Organization: European Patent Organisation (EPO)
• Date: 10.02.2020
• Original: English
• Judges: Frydman, Diakit�, 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