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Judgment No. 2714


1. The impugned decision is quashed.
2. The EPO shall reimburse the complainant the sums deducted from her salary together with interest at a rate of 8 per cent per annum, as stated in consideration 14.
3. It shall pay her 2,000 euros in costs.

Consideration 11


[I]t is well settled that the Tribunal may not replace the findings of medical boards with its own, but it does have full competence to say whether there was due process and whether the reports used as a basis for administrative decisions show any material mistake or inconsistency, or overlook some essential fact or plainly misread the evidence (see for example Judgments 1284, under 4, and 2361, under 9).


Jugement(s) TAOIT: 1284, 2361


medical board; service-incurred; judicial review; discretion

Dernière mise à jour: 13.10.2021 ^ haut