Judgment No. 1333

• Organization: European Patent Organisation (EPO)
• Date: 31.01.1994
• Original: English
• Judges: Ruda, Razafindralambo, Gentot
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS AND THE APPLICATION TO INTERVENE IN MR. VOLLERING'S COMPLAINT ARE DISMISSED.

Consideration 5

Extract:

"The law that the Tribunal applies in entertaining claims that are put to it includes not just the written rules of the defendant organisation but the general principles of law and basic human rights."

Keywords

tribunal; applicable law; general principle; staff regulations and rules; universal declaration of human rights

Consideration 9

Extract:

The complainants had their pay docked for one day's strike action. The deductions the EPO made covered all elements of pay including allowances. The complainants sacrificed their family allowance from the EPO whereas other officials, who received an analogous allowance from the Dutch government, suffered no similar loss. "Employees whose families do receive the Dutch child allowance are not in the same position in law as those who receive the EPO family allowance, the source of the benefit not being the same. Since the principle of equal treatment applies only where staff members are in the same position in law, there is no breach of it in the present instance."

Keywords

general principle; equal treatment; domestic law; salary; family allowance; deduction; right to strike; strike; criteria; elements