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Judgment No. 3539


1. The Presidentís 18 May 2011 decision is set aside as are the Presidentís earlier decisions of 3 July 2008 and 3 April 2009.
2. The complainantís requests for the childcare allowance are remitted to the EPO for reconsideration in accordance with consideration 12.
3. The EPO shall pay the complainant moral damages in the amount of 500 euros.
4. All other claims are dismissed.


The complainant challenges the EPOís decision to reject his requests for childcare allowances.

Judgment keywords


complaint allowed; decision quashed; allowance; child's benefit

Consideration 12


It is not for the Tribunal to decide whether a particular facility should be recognised for the purpose of the childcare allowance in the Regulations. Accordingly, the matter will be remitted to the EPO for a reconsideration of the complainant's claims for the childcare allowance. Before taking a decision on the complainant's requests, the criteria or framework against which his requests will be considered shall be communicated to the complainant and [he] shall be given a reasonable opportunity to submit evidence in support of his requests.


case sent back to organisation

Consideration 8


Where, as in this case, a provision is capable of more than one interpretation, the interpretation favouring a broader application for the benefit of staff members should be adopted rather than the interpretation of narrower application which could deprive staff members of the benefit.


interpretation of rules

Last updated: 22.09.2021 ^ top