Judgment No. 1062
1. THE DECISION TO INCREASE THE COMPLAINANT'S CONTRIBUTIONS TO THE COSTS OF DEATH AND INVALIDITY INSURANCE IS QUASHED FROM 1 JANUARY 1988.
2. THE DECISION IS CONFIRMED AS FROM 26 NOVEMBER 1988.
3. THE EPO SHALL PAY BACK TO THE COMPLAINANT THE AMOUNTS WRONGFULLY DEDUCTED FOR THE PERIOD FROM 1 JANUARY 1988 TO 25 NOVEMBER 1988.
4. IT SHALL PAY HIM 2,000 DEUTSCHMARKS IN COSTS.
Article 38(3) of the EPO Service Regulations says that the General Advisory Committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. The aim of the provision is to encourage proper consultation between the two sides and that means giving the Committee enough information. At issue is the decision to raise from 1 January 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. But the Committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 November. The Tribunal will therefore quash the EPO's decision to increase his contributions for the period from 1 January to 25 November 1988.
Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS
complaint allowed; complaint allowed in part; advisory body; decision quashed; organisation's duties; insurance; contributions; consultation; advisory opinion; increase