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Merger (74,-666)

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Keywords: Merger
Total judgments found: 6

  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainants seek payment of the education allowance to which they were entitled at the ipi. the tribunal holds that on the basis of the transfer agreement between the ipi and the epo the latter is not under obligation to pay the education allowance insofar as the organisation offsets the education costs borne by its officials. the tribunal exempts the case where actual costs are not offset.

    Keywords:

    allowance; compensatory measure; consequence; discontinuance; education expenses; merger; refund;



  • Judgment 441


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Under the applicable provision, staff members serving at the time of the Institute's integration into the organisation were transferred, retaining their previously acquired status. "Inasmuch as an official is transferred to an organisation he is not deemed 'appointed' by it."

    Keywords:

    appointment; merger; transfer;

    Consideration 7

    Extract:

    The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.

    Keywords:

    acquired right; allowance; amendment to the rules; complaint allowed; decision quashed; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;



  • Judgment 371


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    according to the organisation, the staff regulations were not amended but replaced by other staff regulations. hence the tribunal may not decide to apply the former provisions which are no longer in force. "if a complainant is justified...what the tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."

    Keywords:

    amendment to the rules; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    under an agreement, the ipi was integrated into the epo which took over the assets and liabilities and "replaced the institute in disputes with its staff members. hence the epo, and not the institute, is the defendant in the present case, its recognition of the tribunal's competence having been accepted by the governing body of the international labour [organisation]."

    Keywords:

    competence of tribunal; consequence; declaration of recognition; merger;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the complainants take exception, not to the conclusion of the integration agreement, but to the application of some of its provisions. since those provisions are the same in kind as the staff regulations of an organisation there is no bar to the complainants' appealing to the tribunal against the application of those provisions: according to article ii, paragraph 5, of its statute the tribunal hears 'complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the staff regulations...'"

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 5 ILOAT STATUTE

    Keywords:

    competence of tribunal; enforcement; international instrument; merger; provision;

    Consideration 3

    Extract:

    "where a provision of the staff regulations is amended the tribunal may order the defendant organisation to apply the old text and not the new. so, too, when provisions of staff regulations are amended so as to comply with clauses in an international agreement(*) the tribunal may order the application of the former rather than the latter" and is therefore competent. (*) which provides for the ipi's integration in the epo

    Keywords:

    amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;



  • Judgment 365


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    vide judgment 366, consideration 4.

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 5 ILOAT STATUTE

    Keywords:

    competence of tribunal; enforcement; international instrument; merger; provision;

    Consideration 4

    Extract:

    vide judgment 366, consideration 3.

    Keywords:

    amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;


 
Last updated: 12.08.2019 ^ top