Lodging an appeal
Return to the ordinary procedure for bringing cases to the Administrative Tribunal
From 25 April 2022, the date of lodging of appeals before the Administrative Tribunal will be the date of receipt by the Registry of the duly completed appeal form, printed out and signed by hand indicating the date on which it was signed, and related documents, delivered in person in paper form, or the date of dispatch by registered post, as evidenced by the postmark.
The date of receipt of these documents in electronic form will therefore no longer be taken into account for the purposes of calculating the applicable time limits and determining the admissibility of appeals lodged with the Tribunal.
- Precondition: submission of an administrative complaint to the Secretary General or Governor, with the option of requesting a referral to the Advisory Committee on Disputes (Article 59 of the Staff Regulations)
- After the administrative complaint has been rejected: lodging of an appeal with the Tribunal’s registry (Article 60 of the Staff Regulations)
Specific practicalities for disputes related to the protection of data at the Development Bank
- Precondition: lodging a complaint with the Data Protection Commissioner (art. 18.1 of the Development Bank Data Protection Regulations)
- After the notification of the decision taken by the Governor in accordance with the findings of the Data Protection Commissioner: lodging an appeal with the Administrative Tribunal in accordance with article 14.5 of the Staff Regulations (art. 18.5 of the Regulation)
- Languages: English or French
No costs. If, however, the Tribunal finds there has been an abuse of procedure, it may order the appellant to pay all or part of the costs (Article 11, paragraph 3 of the Tribunal’s Statute)
An applicant may request anonymity when filing his/her appeal by explaining the reason underlying his/her request. This request is then reviewed by the Chair of the Tribunal. (More about anonymity)
- Four steps:
- Lodging the appeal
It is requested to submit the following items in a paper format:
a) The form of appeal appended to the Rules of Procedure: has to be printed out and signed by hand indicating the date on which it was signed.
b) The grounds for the appeal (free choice of the appellant): the appellant can submit these either in full or in the form of a summary with supplementary pleadings to be filed later.
c) The list of documents submitted by the appellant and attached to the appeal form: this list must indicate each document attached to the appeal form and give a brief description of each document. Complete and legible copies of the documents should be attached, and the pages of the documents should be numbered consecutively.
It is also requested to submit an electronic version of the aforementioned documents (non scanned PDF or Word format). In the case of copies of electronic e-mails, any attachments to these e-mails which are relevant to the case should be submitted separately, in addition to the e-mail to which they are attached.
- Written proceedings
- Appellant’s supplementary pleadings (if grounds not submitted in full)
- Secretary General’s observations
- Appellant’s observations in reply
- Secretary General’s rejoinder (only if authorised by the Chair)
- Oral proceedings
- Oral proceedings are normally held
- No hearing if:
a) both parties agree to dispense with it and ;
b) the Tribunal has no objections
- Interpretation if necessary
Key features of the proceedings
- The parties may request:
a) that witnesses be heard
b) an expert opinion
- Persons entitled to lodge appeals can request permission to intervene in the case in order to support the submissions of one of the parties (Article 10 of the Tribunal’s Statute)
Three types of decisions:
Judgment on the merits
- Summarises the proceedings and facts
- Gives reasons (parties’ submissions and Tribunal’s assessment))
- Sets out the operative provisions
Key features of Tribunal decisions
- Reached by a majority vote
- No indication of the votes cast
- No separate opinions
- No appeals
- Binding on the parties as soon as they are delivered
Operative part of the decision
- May annul the act complained of
- May order payment of a claim (unlimited jurisdiction in pecuniary disputes, Article 60 of the Staff Regulations)
- May award compensation
- May include an order for costs (on request)
Execution of decisions
- Tribunal to be informed within thirty days by the Secretary General
- If the Secretary General considers that execution is likely to cause serious internal difficulties, the Tribunal fixes the sum to be paid to the appellant by way of compensation (Article 60 paragraph 7 of the Staff Regulations).
About the Council of Europe Development Bank : Within thirty days of the date of notification of the annulment by the Tribunal of a decision of the Governor, the Governor may, where he deems it not in the interest of the Bank to take the steps which such annulment would imply, decide that an amount of compensation be paid to the appellant as redress for any injury incurred. This amount, which shall be fixed by the Tribunal, shall normally not exceed the equivalent of two years of emoluments of the appellant. The Tribunal may, however, in exceptional circumstances, when it considers it justified, order the payment of a higher compensation.
Judgment or order to strike a case off the list (striking out)
a. When the appellant expresses the wish to withdraw his/her appeal ; or
b. When the circumstances, in particular the appellant’s failure to provide information requested or to observe time-limits set, lead to the conclusion that he/she does not intend to pursue the appeal.
Appeals may be restored to the list if the circumstances so warrant.
Decision to strike out
- A judgment of the Tribunal or
- An order of the Chair following a report to the judges, who have 60 days in which to raise any objections
Ruling of manifest inadmissibility