Judgment No. 4390
Decision
The complaint is dismissed.
Summary
The complainant seeks compensation for alleged delays in the processing of his request to transfer previously acquired pension rights to the EPO’s pension scheme.
Judgment keywords
Keywords
transfer of pension rights; complaint dismissed
Consideration 3
Extract:
[T]he Appeals Committee correctly concluded that although the Office could have dealt with the request more speedily the complainant did not substantiate the effect which the delay had upon him and the consequential damages to which he was entitled (see, for example, Judgments 4031, consideration 8, and 4231, consideration 15). Having analysed the relevant time periods and the evidence presented by the complainant, with reference to Judgment 2608, consideration 11, the Appeals Committee had correctly found that there was no undue delay that caused material damage to the complainant and that, moreover, he did not suffer financial loss in the transfer value of his pension rights. This claim for damages is therefore unfounded.
Reference(s)
Jugement(s) TAOIT: 2608, 4031, 4231
Keywords
moral injury; delay in internal procedure
Consideration 8
Extract:
The complainant [...] seeks 50,000 euros exemplary damages “for [the Office’s refusal] to recognise relevant [Tribunal] case law and necessitating the protracted procedure culminating in the present [c]omplaint”. This claim will be rejected as the complainant has provided no evidence or analysis to demonstrate that there was bias, ill will, malice, bad faith or other improper purpose on which to base an award of exemplary damages (see, for example, Judgment 4181, consideration 11).
Reference(s)
Jugement(s) TAOIT: 4181
Keywords
exemplary damages
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