Judgment No. 2876

• Organization: European Patent Organisation (EPO)
• Date: 03.02.2010
• Original: Anglais
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The impugned decision and the earlier decision CA/D 2/06 of 26 October 2006 are set aside to the extent that the new specimen contract provides with respect to the pensions of Vice-Presidents who previously served in the EPO.
2. The EPO shall pay the complainants collectively the sum of 1,000 euros in moral damages.
3. It shall also pay the complainants 100 euros each in costs.
4. All other claims are dismissed.

Consideration 27

Extract:

In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
"In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

Reference(s)

Jugement(s) TAOIT: 2875

Keywords

advisory body; organisation's duties; staff member's interest; staff regulations and rules; amendment to the rules; pension; pension entitlements; consultation