Judgment No. 425

• Organization: European Patent Organisation (EPO)
• Date: 11.12.1980
• Original: French
• Judges: Devlin, Grisel, Armbruster
• Full judgment text - Full judgment text (french)

Decision

1. THE REFUSAL TO GRANT THE COMPLAINANTS GRADE B.3 IS QUASHED.
2. THE COMPLAINANTS SHALL HOLD THAT GRADE FROM THE DATE ON WHICH POST DESCRIPTION 3323 CAME INTO FORCE.
3. EACH OF THE COMPLAINANTS IS ENTITLED TO 100 GUILDERS IN COSTS.

Consideration 4

Extract:

Any administration is required to abide by the rules which it has itself made for as long as they remain in force. The post descriptions are binding on the organisation until amended.

Keywords

general principle; patere legem; post description

Considerations 4 and 6

Extract:

The Tribunal decides that the complainants are entitled to be graded at the higher grade provided for in a post description and which reflects their actual duties. These descriptions, which are provisional, are binding on the organisation until amended. The organisation may review the post descriptions and return the complainants to their present grade. "Such a decision would not impair their acquired rights since they are not entitled to preserve the position arising under this judgment."

Keywords

acquired right; organisation's duties; amendment to the rules; post classification; grade; post description