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Judgment No. 656

Decision

1. THE EPO SHALL TAKE ACCOUNT OF MONTHS FALLING SHORT OF ONE YEAR IN DETERMINING THE COMPLAINANTS' GRADE AND STEP FOR AS LONG AS OFFICIALS IN OTHER CATEGORIES HAVE SUCH MONTHS COUNTED AS IN PRESENT CIRCUMSTANCES.
2. THE EPO SHALL PAY EACH OF THE COMPLAINANTS 1,000 DEUTSCHMARKS IN COSTS.

Consideration 1

Extract:

Vide Judgment 657, consideration 1.

Reference(s)

ILOAT Judgment(s): 657

Keywords

joinder; identical claims; identical facts; condition

Consideration 5

Extract:

"Although the experience of examiners and translators counts only in part the reason is that it is of limited use to them in performing their duties at the EPO. But the reason why the experience of lawyers counts in full is that, as the EPO actually admits, they are able to adapt quickly to their new duties [...]. In other words, the difference in the calculation of seniority is due to a difference of fact and there is no tipping of the balance that needs to be offset. What the EPO describes as a kind of compensation in the counting of months is in fact a breach of the principle of equality."

Keywords

equal treatment; professional experience; reckoning; seniority; rate; difference

Consideration 5

Extract:

"The EPO may determine questions of seniority according to more or less formal criteria. Thus it may, for example, discount months altogether in reckoning different groups of staff. Accordingly, the practice of discounting months short of one year in reckoning the seniority of all who are lawyers is not in itself a breach of the principle of equality. The breach of the principle lies in treating examiners and translators more favourably than lawyers."

Keywords

complaint allowed; equal treatment; professional experience; reckoning; seniority; criteria; difference



 
Last updated: 27.03.2020 ^ top