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Judgment No. 2432

Decision

1. The impugned decision is set aside.
2. The case is sent back to the Organisation for reconsideration of the rights of the complainant as explained under 5.
3. The EPO shall pay the complainant compensation of 1,000 euros for moral injury.
4. It shall also pay her 2,000 euros in costs.

Consideration 5

Extract:

"The Tribunal takes the view that, before taking a final decision, any collegiate body must meet to deliberate. A meeting may not be absolutely necessary, however, [...]if the Committee members agree on all the points of their individual reports.
In this case, in view of the uncertainty regarding the period referred to in assessing the seriousness of the complainant's illness, of the fact that she was suffering from afflictions requiring treatment by different medical specialists and of the differences of opinion which emerged regarding the seriousness of the illness and the incapacity it caused, the Tribunal considers that the Invalidity Committee should have met before issuing its final decision. Since no meeting took place, the procedure leading up to the impugned decision is flawed even though the practitioner appointed by the complainant did not raise any objection. The decision must therefore be set aside and the case sent back to the Organisation for reconsideration of the question [...]"

Keywords

advisory body; remand; due process; invalidity; procedural flaw; condition



 
Dernière mise à jour: 18.08.2020 ^ haut