Judgment No. 4765
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to open an administrative investigation into his conduct, and the dismissal of his harassment complaint.
Judgment keywords
Keywords
receivability of the complaint; complaint dismissed
Consideration 2
Extract:
According to the Tribunal’s settled case law, a decision to open an investigation is not a decision that adversely affects a complainant since it does not affect her or his legal situation and, in particular, does not cause any change in her or his status. It is therefore not open to appeal (see Judgments 4607, consideration 6, 4039, consideration 3, 3236, consideration 12, and 2364, considerations 3 and 4). It should be recalled that any objections that a complainant may raise against such a decision, which is merely a step in the investigative procedure, may be brought up in a challenge to the final decision taken at the end of that procedure (see, for example, Judgments 4475, consideration 6, and 3958, consideration 15, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 2364, 3236, 3958, 4039, 4475, 4607
Keywords
administrative decision; opening of an investigation
Consideration 3
Extract:
As regards the dismissal of the harassment complaint lodged by the complainant on 19 October 2020, the Tribunal notes that he did not challenge that decision using the appeal procedures provided for in Article 92 of the Staff Regulations governing officials of the Eurocontrol Agency. Under Article 92(2), the complainant ought to have submitted an internal complaint against the decision on his harassment complaint. Instead, he impugned it directly before the Tribunal. The complaint is therefore irreceivable in this respect as the complainant contravened the requirement laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress be exhausted.
Keywords
internal remedies exhausted; harassment
Consideration 4
Extract:
[A]lthough the complainant also requests the Tribunal to order Eurocontrol to conduct an administrative investigation into information which he had considered should be disclosed to the Organisation pursuant to Article 22a of the Staff Regulations, it is not for the Tribunal in any event to make an order of this kind.
Keywords
injunction; opening of an investigation
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