Judgment No. 4423
1. The 22 October 2014 decision is set aside.
2. The EPO shall pay the complainant costs in the amount of 750 euros.
3. All other claims are dismissed.
The complainant challenges the decision to consider as irreceivable his request to be entitled to 12 additional days of annual leave pursuant to Article 59(1)(b) of the Service Regulations.
complaint allowed; decision quashed; annual leave; unequal treatment
As the IAC majority opinion was fundamentally flawed, the Vice-President of DG4’s endorsement of that opinion tainted the impugned decision and, accordingly, it will be set aside. As in their respective pleadings in the present complaint, the complainant and the EPO addressed the merits of the internal appeal, the matter will not be remitted to the EPO.
[I]t is well established in the case law as reiterated in Judgment 4029, consideration 20, that “the principle of equality requires that persons in the same position in fact and in law must be treated equally”. As the complainant is not in the same position in fact or law as the permanent employees aged 65 and over referred to in Article 59(1)(b), who have attained the normal retirement age, the decision not to grant him the benefit of the 12 days of additional annual leave does not constitute unequal treatment by the EPO.
Jugement(s) TAOIT: 4029
equal treatment; annual leave; unequal treatment