Judgment No. 3701
Decision
1. The impugned decision is set aside to the extent that it determined that the complainant’s activities for the third contested period involved training rather than professional activities.
2. The EPO shall re-calculate the complainant’s reckonable previous experience, under Section I(3) of the Circular, from 1 April 2007, the date on which he joined the EPO, with all consequential salary adjustments.
3. The EPO shall pay interest on any outstanding sum by which the complainant’s salary may be re-adjusted, under point 2 above, at the rate of 5 per cent per annum from due dates until the date of final payment.
4. The EPO shall pay the complainant 750 euros in moral damages for undue delay in the internal appeal process.
5. The EPO shall also pay the complainant costs in the amount of 750 euros.
6. All other claims are dismissed.
Summary
The complainant contests the calculation of his reckonable previous experience upon recruitment.
Judgment keywords
Keywords
complaint allowed; decision quashed; professional experience; appointment
Consideration 4
Extract:
[I]t would be helpful [...] to recall the basic principles of interpretation as stated by the Tribunal. Those principles state that the words of a provision are to be interpreted in good faith giving them their ordinary and natural meaning in their context. Where the language of the text is clear and unambiguous, the words must be given effect without looking outside of the text to determine the meaning. Texts which are ambiguous are to be construed in favour of the staff member.
Keywords
interpretation; interpretation of rules
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