In July and August 2023, the Administrative Tribunal registered three appeals. The following information is given to enable those who so wish to exercise their right to intervene under Article XI of the Statute of the Administrative Tribunal.

On 10 July 2023, the Tribunal registered appeal No. 736/2023 - A.A. v. Secretary General of the Council of Europe. The appellant seeks the annulment of the Secretary General’s decision rejecting an application in an external recruitment procedure (vacancy notice e7/2023 - Director of filtering and support services of the Registry of the European Court of Human Rights, Grade A6) on the ground that the application did not meet the requirements of the vacancy notice as regards diploma, professional experience and language knowledge. 

The appellant considers that this decision is contrary to the provisions of the Staff Regulations and to fundamental principles of law, such as the principle of equal treatment, the principle of good administration and the principle of protection of legitimate expectations. The appellant further submits that the Secretary General erred in her assessment of the facts and misused her discretion.

On 1 August 2023, the Tribunal registered appeal No. 737/2023 - G.T. v. Secretary General of the Council of Europe. The appellant seeks the annulment of the Secretary General's decision terminating a temporary contract on the ground of manifest unsuitability to perform the related duties. This decision was taken following allegations of harassment for acts that the appellant had committed while on duties. 

The appellant submits that the procedure followed to terminate the contract without written warning did not comply with the applicable rules and, more generally, with the general principles of international civil service law, such as mutual trust, good faith, the duty of care and the right to be heard. The appellant also claims that, by deciding not to initiate disciplinary proceedings in respect of the acts reproached, the Administration infringed the appellant's rights of defence. The appellant further claims that the decision to terminate their contract prematurely was manifestly disproportionate and insufficiently reasoned.

On 8 August 2023, the Tribunal registered appeal No. 738/2023 - C.A. v. Secretary General of the Council of Europe. The appellant seeks the annulment of the Secretary General's decision of appointment, following an internal recruitment procedure, to Grade A1 instead of Grade A2. The appellant challenges the Administration's practice of taking into account only the years of experience as a permanent staff member in grades B5 and B6 for the purposes of determining the grade on appointment, pursuant to Article 340.4 of the Staff Rule on classification of jobs and Article 440.2 of the Staff Rule on entry into service.

The appellant considers that this practice is arbitrary in that it does not take account of the responsibilities actually exercised by staff members. The appellant further claims that the practice in question discriminates against external candidates and against staff members who have experience as temporary staff members in the Organisation.