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Judgment No. 2082

Decision

1. THE IMPUGNED DECISION IS SET ASIDE AND THE LABORATORY IS ORDERED WITHIN NINETY DAYS OF DELIVERY OF THE PRESENT JUDGMENT TO ADVISE EACH COMPLAINANT OF THE NUMBER OF YEARS OF RECKONABLE SERVICE WHICH WOULD BE CREDITED TO THE LATTER UPON THE TRANSFER INTO THE EMBL PENSION SCHEME OF THE AMOUNTS STANDING TO HIS OR HER CREDIT IN THE BFA SCHEME.
2. EACH COMPLAINANT SHALL THEN HAVE NINETY DAYS IN WHICH TO ADVISE THE LABORATORY AS TO WHETHER OR NOT THAT COMPLAINANT WISHES TO EFFECT SUCH TRANSFER.
3. THE EMBL SHALL PAY THE COMPLAINANTS' COSTS IN THE GLOBAL AMOUNT OF 5,000 EUROS.

Consideration 10

Extract:

"It is trite law to state that time limits cannot be presumed but must be either expressly stated or so clearly implied from the context as to leave no room for doubt."

Keywords

express decision; implied decision; time limit; written rule; definition



 
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