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Judgment No. 2355

Decision

1. The impugned decision is set aside.
2. The EPO is ordered to pay the complainant 10,000 euros in damages and 1,500 euros in costs.
3. All other claims are dismissed.

Consideration 9

Extract:

"Along with the obligation for an international organisation to give reasons when the executive head decides not to follow the recommendation of its internal appeal body (see Judgments 2092 and 2261), it has the duty in its pleadings before the Tribunal not to rely on new and different reasons which it failed to invoke in the impugned decision."

Reference(s)

ILOAT Judgment(s): 2092, 2261

Keywords

complaint allowed; complaint allowed in part; decision; duty to substantiate decision; grounds; organisation; internal appeals body; recommendation; report; iloat; general principle; adversarial proceedings; organisation's duties; executive head; difference; refusal



 
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