Jugement n° 4799
Décision
1. The complaints are dismissed.
2. The counterclaims for costs are also dismissed.
Synthèse
The complainant contests, firstly, the decision to reassign him pursuant to the closure of his area of competence in Berlin, and to reallocate some patent files, secondly, the decision to reallocate some patent files in the context of his reassignment and, thirdly, the closure of an area of competence per se.
Mots-clés du jugement
Mots-clés
Intérêt à agir; Réaffectation; Réorganisation; Requête rejetée
Considérant 4
Extrait:
The Tribunal recalls its well-established case law that decisions regarding restructuring, reassignment of staff members to different posts, and changes in the duties assigned to staff members involve the exercise of a wide discretionary power, and are therefore subject to limited judicial review by the Tribunal (see Judgments 4084, consideration 13, 3488, consideration 3, and 2562, consideration 12). The Tribunal may interfere only on the limited grounds that the decision was taken ultra vires or shows a formal or procedural flaw or mistake of fact or law, if some material fact was overlooked, if there was misuse of authority or an obviously wrong inference from the evidence. However, the organisation must show due regard, in both form and substance, for the dignity of the officials concerned, particularly by providing them with work of the same level as that which they performed in their previous post and matching their qualifications (see Judgments 4240, consideration 5, and 3488, consideration 3).
Référence(s)
ILOAT Judgment(s): 2562, 3488, 4084, 4240
Mots-clés
Réaffectation; Réorganisation; Pouvoir d'appréciation
Considérant 4
Extrait:
The Tribunal recalls that in a judgment regarding the issue of alleged interference in the work of the Examining Division, the Tribunal held that decisions with respect to the law and/or procedures applicable to patent applications do not “adversely affect” staff members and, thus, cannot be the subject of an internal appeal. In short, such decisions are not appealable and do not create a cause of action (see Judgment 4417, considerations 7 and 8).
Référence(s)
ILOAT Judgment(s): 4417
Mots-clés
Intérêt à agir; Décision administrative
Considérant 11
Extrait:
The counterclaims for costs filed by the Organisation in the three complaints are rejected. The Tribunal will avail itself of the possibility to condemn a complainant to costs only in exceptional situations. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of that kind. In the instant case, the complaints cannot be regarded as manifestly vexatious (see Judgment 4143, consideration 7).
Référence(s)
ILOAT Judgment(s): 4143
Mots-clés
Demande reconventionnelle
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