Judgment No. 4801

• Organization: European Patent Organisation (EPO)
• Date: 31.01.2024
• Original: English
• Judges: Moore, Rawlins, Shen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the appointment of the Principal Director of Human Resources.

Judgment keywords

Keywords

appointment; selection procedure; complaint dismissed

Consideration 6

Extract:

No claim for material damages was made in the internal appeal and cannot now be made in the Tribunal (see, for example, Judgments 4304, consideration 8, and 2360, consideration 7).

Reference(s)

ILOAT Judgment(s): 2360, 4304

Keywords

receivability of the complaint; material damages; internal remedies not exhausted

Consideration 7

Extract:

Insofar as moral damages are concerned, she simply asserts in her brief that she seeks such damages ‘for the injustice and personal harm caused by the clearly discriminatory underevaluation of the Complainant’s professional experience in order to favor [the new Principal Director of Human Resources]’. Beyond this broad statement, there is no specification of the moral injury caused by the appointment nor evidence supporting its existence. These matters precondition the award of moral damages (see, for example, Judgment 4644, consideration 7).

Reference(s)

ILOAT Judgment(s): 4644

Keywords

moral injury; burden of proof; moral damages