Judgment No. 721
1. THE COMPLAINANT IS REFERRED BACK TO THE EPO FOR FURTHER REVIEW OF HIS ADMINISTRATIVE POSITION AS TO BOTH PROMOTION AND STEP AS FROM 1982.
2. THE ORGANISATION SHALL PAY HIM 3,000 GUILDERS IN COSTS.
"The defendant has the duty to enable the court to give a full ruling on the case before it. [...] The EPO was bound to address properly the issues of fact and of law raised by the complainant. Since it has not the Tribunal will accept the complainant's allegations of fact".
organisation; submissions; reply; organisation's duties; consequence
"As regards determination of step, the Tribunal merely observes that the President has recently issued instructions which are more favourable to the staff but the EPO is refusing to apply them to former institute officials. The Tribunal sees no reason of law or equity for such discrimination and for such unfair treatment of staff members".
complaint allowed; decision quashed; case sent back to organisation; equal treatment; administrative instruction; amendment to the rules; enforcement; provision; reckoning; seniority