Judgment No. 2875

• Organization: European Patent Organisation (EPO)
• Date: 03.02.2010
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decisions and the earlier decision CA/D 2/06 of 26 October 2006 to adopt a new specimen contract concerning the appointment and terms of employment of Vice Presidents of the European Patent Office without prior consultation of the General Advisory Committee are set aside to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the Office.
2. The EPO shall pay the complainants collectively 1,000 euros in moral damages.
3. It shall pay them costs in the amount of 400 euros each.
4. All other claims are dismissed.

Consideration 10

Extract:

In their capacity as members of the General Advisory Committee, 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.
"[T]o 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]."

Reference(s)

Organization rules reference: Article 10(2) Pension Scheme Regulations; Articles 1(5) and 38(3) Service Regulations for Permanent Employees of the European Patent Office

Keywords

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