Judgment No. 1142

• Organization: European Patent Organisation (EPO)
• Date: 29.01.1992
• Original: Anglais
• Judges: Ducoux, Douglas, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE PRESIDENT'S DECISION OF 29 JANUARY 1991 IS QUASHED.
2. THE CASE IS REMITTED TO THE PRESIDENT FOR A NEW DECISION, TO BE BASED ON THE ABOVE CONSIDERATIONS.

Consideration 10

Extract:

One of the organisation's reasons for refusing the complainant's claim to dependants' allowance for his parents was that they resided in the Netherlands - his duty station - and lived in a flat that belonged to him. Since his mother owned a flat in Rome, the income she could have had from letting that flat had to be taken into account. The Tribunal holds that his "parents are resident, not in the Netherlands, but in Rome. The fact that when visiting the Netherlands, and for whatever length of time, they live in the flat belonging to him is immaterial and affords no grounds for letting his mother's flat in Rome. [...] The organisation's mistake on that score appears to have been a main factor in the President's decision".

Keywords

allowance; family allowance; dependant; parent; mistake of fact; condition