Judgment No. 4429
1. The implied rejection identified in consideration 3 above is set aside.
2. The cases are sent back to the EPO in accordance with consideration 6 of the judgment.
3. The EPO shall pay the complainants costs in the total amount of 3,000 Swiss francs.
4. All other claims are dismissed.
The complainants challenge a statement of the President of the European Patent Office alleging defamation.
complaint allowed; decision quashed; case sent back to organisation
This judgment concerns four complaints filed on 16 April 2013 by four EPO employees, who at the relevant time were staff representatives. The complainants’ arguments are embodied in one brief and arise from the same factual circumstances. Thus, the Tribunal joins the complaints and will rule on them in a single judgment.
The Tribunal recalls that the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority (see Judgment 3127, consideration 13).
ILOAT Judgment(s): 3127
Considering that the cases will be sent back to the Organisation for a proper appeal procedure to be followed, the complainants are not entitled to an award of moral damages.