In August 2024, 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.

• Appeal No. 760/2024 – U. K. v. Secretary General of the Council of Europe

On 5 August 2024, the Tribunal registered appeal No. 760/2024 – U. K. v. Secretary General of the Council of Europe. The appellant is a job candidate who was placed on the reserve list established within the framework of vacancy notice n° e35/2021 for the external recruitment of lawyers at the Registry of the European Court of Human Rights. The reserve list in question expired in May 2024 without the appellant receiving an offer of employment.

The appellant seeks the annulment of the Secretary General's decision not to extend the validity of the reserve list and requests the extension of this list for a period of 2 years. According to the appellant, his appeal is admissible insofar as he has a direct and existing interest in the extension of the period of validity of the list. The contested decision was erroneous in that it was based on an incorrect assessment of the needs of the Court's registry, whereas the Organisation was in a situation where the need for lawyers, and consequently the potential use of the list, had been established.

The appellant also complains of discriminatory treatment on the grounds of his ethnic origin, which he claims is the reason for the refusal to recruit him during the period of validity of the list.

• Appeal No. 761/2024 – L. D. v. Secretary General of the Council of Europe

On 7 August 2024, the Tribunal registered appeal No. 761/2024 – L. D. v. Secretary General of the Council of Europe. The appellant is a former staff member who had been recruited as an assistant lawyer at the Registry of the European Court of Human Rights under the Junior Professional Programme at grade B3. The appellant challenges the decision to terminate her appointment with the Organisation on the ground that her probationary period was unsuccessful.

In support of her appeal, the appellant alleges an error of law, in that the inadequacy of her performance during her probationary period on which the termination of her appointment was based, was not, in her view, the real reason for the contested decision. The appellant claims that the Secretary General failed to comply with the applicable rules by calling into question the qualifications required for the post to be filled after the start of the recruitment procedure.

In addition to the lack of objectivity of her superiors, the appellant alleges that the Organisation breached the principle of good faith and violated her dignity by unfairly criticising her for refusing to meet certain performance objectives and by failing to give her a reasonable period of time to improve her performance.

The appellant further submits that she is a victim of institutional harassment and that the Organisation erred in law by deciding to terminate her appointment without waiting for the outcome of the harassment complaint she had lodged. She further claims that the harassment complaint procedure breached the adversarial principle and her right to be assisted by a lawyer and is therefore unlawful.

On those grounds, the appellant seeks the annulment of the contested decision and makes several claims for compensation, including compensation for the non-material damage suffered, in addition to reimbursement of the costs of the proceedings.

• Appeal No. 762/2024 – L. D. (II) v. Secretary General of the Council of Europe

On 14 August 2024, the Tribunal registered appeal No. 762/2024 – L. D. (II) v. Secretary General of the Council of Europe. The appellant is a former member of staff of the Organisation who challenged the decision to terminate her appointment with the Organisation in Appeal No. 761/2024. With this new appeal, the appellant challenges the decision of the Director General of Administration to second her to a Directorate General of the Organisation from 25 March to 30 April 2024. This decision was taken following her formal complaint of harassment.

The appellant submits that she has an interest in bringing proceedings, since she had previously accepted an offer of a temporary assignment for an indefinite period, rather than a secondment for a definite period. The appellant claims that she had reason to believe that this offer was for a period of three years, which was the period of employment to which she believed she was entitled under the Junior Professional Programme.

In support of her action, the appellant pleads lack of competence on the part of the author of the contested decision, in the absence of a valid delegation of signature, failure to state reasons, infringement of the right to be heard and an error of law, in the absence of a legal basis enabling the Secretary General to proceed with the secondment.

On those grounds, the appellant seeks the annulment of the contested decision and puts forward a number of claims for damages, including compensation for the material and non-material damage suffered and reimbursement of the costs of the proceedings.

The indication of the subject matter of the appeals is based on the information provided to the registry and it is not binding on the Tribunal.