Jugement n° 4807
Décision
The complaint is dismissed.
Synthèse
The complainant contests the report of the Medical Committee which extended her sick leave until 31 May 2016 and concluded that she was not suffering from invalidity.
Mots-clés du jugement
Mots-clés
Recevabilité de la requête; Commission médicale; Invalidité; Requête rejetée
Considérants 6-8
Extrait:
According to the Tribunal’s well-established case law, the Medical Committee’s opinion is not an administrative decision of the type that can be challenged before the Tribunal as it is merely a step in the process of reaching the final decision of the Administration. In Judgment 4118, consideration 2, the Tribunal clarified the principle regarding a complaint directed against the Medical Committee’s report:
“With respect to the claims directed against the ‘decision’ of the Medical Committee of 21 June 2007, the Tribunal notes at the outset that they are manifestly irreceivable, inasmuch as the alleged decision is only an opinion amounting to a preparatory step which, as such, cannot be appealed. The only act adversely affecting the complainant is the administrative decision taken in light of that opinion, namely, in this case, the decision of the President of the Office of 12 July 2007. Thus, as the complainant himself appears to admit in his rejoinder, it is that decision that he should have challenged, if he considered that he had grounds to do so, and not the opinion of the Medical Committee of 21 June 2007.”
[…] [I]n the instant case, the only act adversely affecting the complainant is the administrative decision endorsing the Medical Committee’s opinion, contained in the 23 June 2014 letter from the Head of Department, Human Resources […] Expert Services, and not the Medical Committee’s opinion of 2 June 2014 or its letter of 11 June 2014, which the complainant erroneously considers to be the decision to be impugned.
Therefore, the complaint is irreceivable […].
Référence(s)
ILOAT Judgment(s): 4118
Mots-clés
Recevabilité de la requête; Avis médical; Décision administrative; Etape de la procédure
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