Judgment No. 699
THE DECISION BY THE PRESIDENT OF 22 NOVEMBER 1984 IS QUASHED AND IT IS ORDERED THAT THE COMPLAINANT BE COMPENSATED EITHER BY THE AWARD OF ADDITIONAL LEAVE OR BY PAYMENT OF AN APPROPRIATE SUM, AND FURTHER, THAT HE BE PAID 1,000 DEUTSCH-MARKS AS COSTS.
THERE BEING NO OBJECTION TO THE INTERVENTIONS, IT IS ORDERED THAT EACH OF THE INTERVENERS BE COMPENSATED IN THE MANNER AFORESAID AND THAT ALL CLAIMS FOR FURTHER RELIEF BE DISMISSED.
Article 59 of the EPO Service Regulations provides that the President shall lay down the list of applicable public holidays up to a maximum of ten days. On 8 November 1983 the President issued a list of 14 public holidays, the four additional working days lost to be made up by extending working hours for a time by half-an-hour. The Tribunal holds that while the President may ignore the ten-day limit he may not put the number of hours in the working week at more than 40 except when they are remunerated or made necessary by abnormal circumstances. In the instant case such circumstances do not exist.
Organization rules reference: ARTICLE 59 OF THE EPO SERVICE REGULATIONS
leave; overtime; working hours; public holiday; judicial review; discretion; compensatory measure; increase