Judgment No. 1364

• Organization: European Patent Organisation (EPO)
• Date: 13.07.1994
• Original: French
• Judges: Ruda, Gentot, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

1. THE FIRST COMPLAINT IS DISMISSED.
2. THE PRESIDENT'S DECISION OF 30 JUNE 1993 REJECTING APPEAL 44/92 IS QUASHED.
3. THE COMPLAINANT'S DESIGNATED HOME SHALL BE CHANGED FROM VARESE TO JOHANNESBURG.
4. THE ORGANISATION SHALL PAY HIM 3,000 GUILDERS IN COSTS.

Consideration 7

Extract:

In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. The EPO is therefore right to refuse any change in that determination as to the past."

Keywords

decision; non-retroactivity; amendment to the rules; appointment; home leave; home; acceptance; refusal; request by a party

Consideration 11

Extract:

Vide Judgment 1324, consideration 9.

Reference(s)

ILOAT Judgment(s): 1324

Keywords

nationality; equal treatment; amendment to the rules; home leave; home; refusal; request by a party; official