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Judgment No. 3792

Decision

1. The EPO shall pay the complainant 20,000 euros in compensation for moral injury.
2. The Organisation shall pay the complainant costs in the amount of 500 euros.
3. All other claims are dismissed.

Summary

The complainant has filed an application for execution of Judgment 3045.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3045

Keywords

application for execution; complaint allowed

Consideration 5

Extract:

The Tribunal draws attention to the fact that pursuant to Article VI of its Statute its judgments are “final and without appeal” and that they are therefore “immediately operative”, as established early in its case law (see, in particular, Judgment 82, under 6). The Tribunal subsequently noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority. International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see Judgments 553, under 1, 1328, under 12, 1338, under 11, and 3152, under 11). Moreover, “it is well settled that an application for execution may be filed without it being necessary in principle to exhaust internal remedies when the organisation does not execute the judgment, executes it incompletely or tarries unreasonably in its execution” (see Judgments 1771, under 2(b), 1887, under 5, and 2684, under 4). In addition, the Tribunal points out that it is up to the parties to work together in good faith to execute the Tribunal’s judgments so as to ensure that they are executed within a reasonable period of time (see Judgment 2684, under 6).

Reference(s)

ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 82, 553, 1328, 1338, 1771, 1887, 2684, 3152

Keywords

internal remedies exhausted; res judicata

Consideration 8

Extract:

[T]he delay in executing Judgment 3045 has caused the complainant moral injury, which may be fairly redressed by awarding him compensation in the amount of 20,000 euros.

Reference(s)

ILOAT Judgment(s): 3045

Keywords

moral injury; execution of judgment

Consideration 8

Extract:

[A]s of the date on which the present judgment is adopted, in other words more than five years after the delivery in public of Judgment 3045, the latter is still being executed. The Organisation has therefore seriously breached its duty to execute the judgment within a reasonable period of time. It must ensure that the procedure is now completed as soon as possible.

Reference(s)

ILOAT Judgment(s): 3045

Keywords

execution of judgment



 
Last updated: 24.06.2020 ^ top