Jugement n° 4979
Décision
The complaint is dismissed.
Synthèse
The complainant challenges his staff report for 2012-2013.
Mots-clés du jugement
Mots-clés
Rapport d'appréciation; Notation; Requête rejetée
Considérants 4 et 6-7
Extrait:
In light of the limited scope of the review the Tribunal exercises over staff reports the Tribunal may, if appropriate, set aside the contested staff report at the same time as the impugned decision and remit the matter to the EPO for review.
[…]
In its opinion, the Appeals Committee correctly appreciated that its scope of review of a staff appraisal was wider than that of the Tribunal. This was by reference to the case law stated in consideration 5 of Judgment 3318, considerations 5 to 8 of Judgment 3161 and consideration 6 of Judgment 3703 to the effect that it would commit an error of law if it restricts its review by reference to the scope of the Tribunal’s power of review. The Committee noted, in particular, that the case law required it to scrutinize the performance evaluation much more closely to determine whether the reporting officer had exercised her or his discretion lawfully and that its power of review extended to the overall re-examination of all matters submitted to it concerning the contested staff report. This was except to the extent that the internal rules which governs it (the Committee) provides otherwise, its role being to determine whether the decision appealed is correct on the facts or whether some other decision should be made.
The Tribunal is satisfied that the Appeals Committee properly exercised its power of review.
Mots-clés
Rapport d'appréciation; Notation; Contrôle du Tribunal; Evaluation; Rôle du Tribunal
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