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Judgment No. 1755

Decision

1. The impugned decision of 3 April 1997 is quashed.
2. The EPO shall pay the complainant the household allowance without making any deduction on account of the Ortszuschlag received by him and shall repay to him the amounts wrongfully deducted, plus simple interest thereon, to be reckoned at the rate of 10 per cent a year as from the due dates and up to the date of payment.
3. The EPO shall pay the complainant 1,500 German marks in costs.

Consideration 12

Extract:

"[A]ny ambiguity in the Regulations the [Organisation] has issued should be construed contra proferentem and in favour of the staff."

Keywords

staff member's interest; written rule; staff regulations and rules; interpretation; pension; organisation's interest



 
Last updated: 20.08.2020 ^ top