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Judgment No. 2290

Decision

1. The impugned decision is set aside, insofar as it concerns the flat rate reimbursement for a set of spectacle frames.
2. All other claims are dismissed.

Consideration 3

Extract:

The Organisation contends that the internal appeal against a decision not to refund medical costs was not lodged in time. In doing so, it takes as the starting point of the time-limit the insurance representative's statement of account rejecting the request for refund. This "plea [...] is unfounded [...] This is because the insurance representative is not an organ of the Organisation, able to take decisions in the meaning of the Office's Service Regulations for Permanent Employees. Decisions concerning insurance benefits are taken by the Office, and more specifically by its President, in accordance with Article 83 of those Regulations."

Reference(s)

Organization rules reference: Article 83 of the Service Regulations for Permanent Employees of the European Patent Office

Keywords

complaint; complaint allowed; complaint allowed in part; decision; receivability of the complaint; internal appeal; time limit; start of time limit; time bar; staff regulations and rules; insurance; illness; insurance benefit; executive head

Consideration 4

Extract:

"In case of doubt [on the meaning which may reasonably be given to the clause of a contract], it is accepted that, in accordance with the principle of good faith, ambiguous clauses should be interpreted to the detriment of the party which drafted the contract."

Keywords

complaint allowed; complaint allowed in part; benefit of doubt; good faith; law of contract; written rule; interpretation; provision; contract



 
Last updated: 16.03.2009 ^ top