Judgment No. 3062
Decision
1. The decision of 15 May 2009 is quashed insofar as it relates to the comments on productivity in the staff report for the period 2004-2005.
2. The case is referred back to the EPO for consideration of the complainant's rights in accordance with considerations 3 and 4.
3. The EPO shall pay the complainant moral damages in the amount of 2,000 euros.
4. It shall pay him costs in the amount of 750 euros.
5. All other claims are dismissed.
Consideration 3
Extract:
"It is well established in the Tribunal's case law that assessment of merit is an exercise that involves a value judgement, signifying that persons may quite reasonably hold different views on the matter in issue. Moreover, because of the nature of a value judgement, the grounds on which a decision involving a judgement of that kind may be reviewed are limited to those applicable to discretionary decisions. Thus, the Tribunal will only interfere if the decision was taken without authority, if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts, if it was taken in breach of a rule of form or procedure, or if there was an abuse of authority (see Judgment 3006, under 7)."
Reference(s)
ILOAT Judgment(s): 3006
Keywords
performance report; judicial review; discretion
Judgment keywords
Keywords
complaint allowed; decision quashed; case sent back to organisation; performance report
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