Jugement n° 4804
Décision
The complaint is dismissed.
Synthèse
The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.
Mots-clés du jugement
Mots-clés
Injonction; Décision administrative; Diffamation; Requête rejetée; Confidentialité
Considérant 1
Extrait:
The complainant applies for oral proceedings. He does not list witnesses. The parties have presented ample written submissions and documents to permit the Tribunal to reach an informed and just decision on the case. The request for oral proceedings is, therefore, rejected.
Mots-clés
Débat oral
Considérant 2
Extrait:
By one of his claims, the complainant asks the Tribunal to order that the EPO publish, in the EPO Gazette and/or on the intranet, the President’s […] decision on internal appeal RI/31/08 […], accompanied by a summary of the facts approved by himself. However, the Tribunal is not competent to make orders of this kind against international organisations (see Judgments 4065, consideration 9, 4039, consideration 17, and 2058, consideration 13).
Référence(s)
ILOAT Judgment(s): 2058, 4039, 4065
Mots-clés
Compétence du Tribunal; Publication; Injonction
Considérant 2
Extrait:
The complainant further asks the Tribunal to order that document CA/03/12 be withdrawn and to declare that the respective General Advisory Committee (GAC) consultation was flawed and invalid. The Tribunal notes that document CA/03/12 was not a decision, much less a final decision, but merely the President’s proposal for the amendment of Article 70a of the Service Regulations and Circular No. 301 (Rev. 1). Therefore, it is not challengeable before the Tribunal (see Judgment 3860, considerations 5 and 6). […] Therefore this claim is irreceivable.
Référence(s)
ILOAT Judgment(s): 3860
Mots-clés
Décision administrative
Considérant 3
Extrait:
[T]he Tribunal recalls that staff members have a right to bring complaints before the Tribunal and there should be no negative implications arising from the exercise of that right.
Mots-clés
Requête; Contrôle du Tribunal; Représailles
Considérant 3
Extrait:
[T]he Tribunal holds that […] the statement regarding a pending case lodged by the complainant was presented in a neutral way, with no negative comments. It was not a defamatory statement warranting relief, because it was truthful and did not tarnish the reputation of the complainant (see Judgment 4478, consideration 6).
Référence(s)
ILOAT Judgment(s): 4478
Mots-clés
Diffamation; Réputation professionelle; Réparation demandée
Considérant 3
Extrait:
According to the Tribunal’s well-settled case law, the complainant bears the burden of proof that he suffered moral injury (see Judgments 4522, consideration 17, and the case law cited therein, and 4012, consideration 3).
Référence(s)
ILOAT Judgment(s): 4012, 4522
Mots-clés
Tort moral; Charge de la preuve
Considérant 3
Extrait:
[E]ven though the breach of confidentiality is proven (as it has been acknowledged by the EPO), there is no evidence that the complainant suffered any damage as a result of that breach. Considering all the facts and relevant circumstances of the present case, […] the Tribunal finds that the complainant’s request for damages is unsubstantiated.
Mots-clés
Tort moral; Charge de la preuve; Indemnité pour tort moral; Violation du principe de confidentialité; Confidentialité
Considérant 5
Extrait:
The Tribunal’s consistent case law holds that the amount of compensation for unreasonable delay in internal proceedings will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as a lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal (see Judgments 4563, consideration 14, and 3160, considerations 16 and 17).
Référence(s)
ILOAT Judgment(s): 3160, 4563
Mots-clés
Tort moral; Indemnité pour tort moral; Retard dans la procédure interne
| 
