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Authentic version (234,-666)

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Keywords: Authentic version
Total judgments found: 5

  • Judgment 1820


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Where a rule is cast in more than one official language and no one version is to prevail, all versions shall be deemed to bear the same meaning and the right construction shall be the one that respects the draftsman's intent and best reconciles them". The Tribunal cites the case law.

    Keywords:

    authentic version; case law; interpretation; purpose; subsidiary; written rule;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The decision is authoritative in the three official versions - English, French and German [...]. The EPO says that the German was the original in the preparatory work. But neither that nor the drafting of the complainants' contracts in German confers any greater authority on that version. In law there is but one decision, and the interpretation of it, which must be objective, must match its terms and purpose."

    Keywords:

    authentic version; decision; interpretation; language of rule; purpose; written rule;



  • Judgment 1032


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "the complainant points out inconsistencies between the english, french and german texts of [article 12(1) of the epo pension scheme regulations and rule 12.1/1(i)(b) of the implementing rules]. the three language versions, being equally authentic, shall be deemed to bear the same meaning. where there are inconsistencies the tribunal will apply the construction which, having regard to the purpose of the provisions, best reconciles the various versions."

    Reference(s)

    Organization rules reference: ARTICLE 12(1) EPO PENSION SCHEME REGULATIONS; RULE 12.1/1(I)(B) OF THE IMPLEMENTING RULES

    Keywords:

    authentic version; criteria; difference; interpretation; language of rule; purpose; staff regulations and rules;



  • Judgment 853


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "according to the general rules of construction, all language versions of a text shall be deemed to bear the same meaning save that, where comparison reveals a point of disagreement, the construction that prevails shall be the one that, with due regard to the purpose of the law-maker, best reconciles the various versions."

    Keywords:

    authentic version; general principle; interpretation; language of rule; provision; purpose; staff regulations and rules;



  • Judgment 537


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "both the french and the english are authentic. in such circumstances the tribunal will interpret the texts according to the usual methods. this approach may of course put the complainant in an awkward position. a staff member may act on an explicit provision and later discover it to be erroneous. this may be an important consideration of equity, but it cannot be maintained on that account that it is for each staff member to choose the language version which suits him best."

    Keywords:

    authentic version; competence of tribunal; interpretation; language of rule;


 
Last updated: 07.06.2019 ^ top