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Judgment No. 3508

Decision

1. The EPO shall pay the complainant 800 euros in moral damages.
2. All other claims are dismissed.

Summary

The complainant challenges the EPOs alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.

Judgment keywords

Keywords

delay; dependent child; travel expenses

Consideration 4

Extract:

"The complainant indicates that he wishes to have oral proceedings. He named no witness. In any event, the Tribunal will not order oral proceedings as no purpose will be served by calling any witnesses in this case, which now turns upon the application of the legal principles that are concerned with the issues of moral damages and costs (see, for example, Judgments 3059, under 9, and 3419, under 5)."

Reference(s)

ILOAT Judgment(s): 3059, 3419

Keywords

oral proceedings

Considerations 6-7

Extract:

"With respect to the claim for moral damages for delay, this claim is not irreceivable because it was not raised in the internal appeal, as the EPO argues. It is in fact a claim by which the complainant seeks a remedy for inordinate or unreasonable delay in the internal appeal process itself, for which the Tribunal has in many instances awarded moral damages. [...]
Taking into consideration the excessive length of the delay in the internal appeal process and the fact that it is not apparent that this delay had a significant adverse impact on the complainant, the Tribunal sees fit to award moral damages in the amount of 800 euros (see Judgment 3160, under 17)."

Reference(s)

ILOAT Judgment(s): 3160

Keywords

moral injury; moral damages

Consideration 8

Extract:

"Inasmuch as the EPO has already paid to the complainant the travel expenses that he incurred in respect of his three children, together with interest at the rate of 8 per cent, but he still maintained his main claim in this matter, he will not be awarded costs."

Keywords

no award of costs



 
Last updated: 27.03.2017 ^ top