Administrative Tribunal (ESMAT)

The ESMAT has exclusive jurisdiction over employment-related disputes between the ESM and its current or former staff members, or their respective successors in interest who are directly affected by a final administrative decision.

Only persons with standing under the Tribunal’s Statute may file an appeal. It is a pre-requisite that appellants must first exhaust the internal dispute resolution mechanisms, including requesting an Advisory Opinion from the Advisory Committee before filing an appeal with the Tribunal, unless exceptional circumstances apply pursuant to Article 28 (2) of the Staff Rules.

Appellants may challenge final, individual, administrative decisions affecting their employment, including, but not limited to, decisions relating to:
   • appointment, promotion or non-promotion;
   • performance evaluation;
   • disciplinary measures;
   • contract renewal or termination;
   • entitlements, benefits or allowances.

Appellants may be assisted by a legal representative or may represent themselves. The Tribunal does not provide legal representation or recommend counsel.

Appeals to the Tribunal must be filed in writing within two months of the receipt of the final decision following internal review, or the expiry of the applicable internal review period referred to in Article 26(3) of the Staff Rules concerning the absence of a decision by the ESM within the prescribed deadline of thirty days. 

Appeals must be filed in writing, in English, and must be signed either by the Appellant or on behalf of the Appellant by counsel. Pursuant to Rule 13 of the ESMAT’s Rules of Procedure, the appeal must contain:

• Appeals must be filed in writing, in English, and must be signed either by the Appellant or on behalf of the Appellant by counsel. Pursuant to Rule 13 of the ESMAT’s Rules of Procedure, the appeal must contain:
• the name of the Appellant;
• the capacity in which the Appellant is filing the appeal, pursuant to Article 2(1) of the Statute;
• the name of counsel or other person or persons legally representing the Appellant;
• the act or decision being challenged, or in the absence of notification of a decision by the Managing Director pursuant to Article 26(3) of the Staff Rules, the date on which the complaint was filed;
• a statement of the relevant facts;
• the grounds on which the Appellant challenges the legality of the contested act or decision and the arguments relied upon in support of those grounds;
• any request for interim relief and the grounds for such request;
• the remedy or remedies being sought by the Appellant;
• any request for measures of investigation or instruction within the meaning of Rule 16, without prejudice to the right to make such a request at a later stage of the proceedings;
• any request for confidentiality and protection of privacy of individuals made pursuant to Rule 19(1); and
• the postal and email address at which, in accordance with Rule 24, the Appellant, or his or her counsel, accepts to receive notices and communications in relation to the appeal, as well as a telephone number on which they can be reached.
• The written appeal, preferably presented with consecutively numbered paragraphs, must be accompanied by any supporting evidence in appropriately numbered annexes, indicating the nature and source of the evidence, including the full name and contact details of any witness.
• Appeals must be filed by email, in PDF format, to the Registrar of the Tribunal using the email address in the Contact Information section of the webpage below, unless, by advance request, allowance is made for submission by other specified modalities.
• Late applications are inadmissible unless the Tribunal finds that exceptional circumstances excuse the delay. Once an appeal is filed, the Registrar acknowledges receipt and verifies compliance with the formal requirements before transmitting the appeal to the Respondent within seven days of the appeal being filed, unless correction or supplementation is required in accordance with the ESMAT’s Rules of Procedure.
• Pursuant to Rule 27 of the ESMAT’s Rules of Procedure, the Registrar publishes an anonymised Notice of Appeal on the ESM’s intranet, and any former staff who have opted to be informed of such matters will be separately notified. This is to allow for any person to whom the Tribunal is open under Article 2 of the Statute to intervene within thirty days of the issuance of the notice on the ground that he or she has a right which may be affected by the decision to be adopted by the Tribunal.

The written appeal, preferably presented with consecutively numbered paragraphs, must be accompanied by any supporting evidence in appropriately numbered annexes, indicating the nature and source of the evidence, including the full name and contact details of any witness.

Appeals must be filed by email, in PDF format, to the Registrar of the Tribunal using the email address in the Contact Information section of the webpage below, unless, by advance request, allowance is made for submission by other specified modalities.

Late applications are inadmissible unless the Tribunal finds that exceptional circumstances excuse the delay. Once an appeal is filed, the Registrar acknowledges receipt and verifies compliance with the formal requirements before transmitting the appeal to the Respondent within seven days of the appeal being filed, unless correction or supplementation is required in accordance with the ESMAT’s Rules of Procedure.

Pursuant to Rule 27 of the ESMAT’s Rules of Procedure, the Registrar publishes an anonymised Notice of Appeal on the ESM’s intranet, and any former staff who have opted to be informed of such matters will be separately notified. This is to allow for any person to whom the Tribunal is open under Article 2 of the Statute to intervene within thirty days of the issuance of the notice on the ground that he or she has a right which may be affected by the decision to be adopted by the Tribunal.

Within fifteen days of the Registrar’s determination that the appeal meets the formal requirements of the ESMAT’s Rules of Procedure, the President designates a panel comprising the President and two other Judges to decide the appeal.

Pursuant to the ESMAT’s Rules of Procedure, the ESM as Respondent will have two months from notification of the appeal in which to file its reply. The Tribunal may subsequently decide to allow a second exchange of written submissions and, as noted above, will generally also hold an oral hearing. Once the submissions are complete, the Tribunal renders its written judgment on the appeal, normally within twelve months of receipt of the appeal.

The Tribunal issues written judgments and orders on substance, as well as procedural orders. Judgments and orders on substance are final and binding. Published decisions are available in the relevant section of this webpage.