Judgment No. 4492

• Organization: European Patent Organisation (EPO)
• Date: 27.01.2022
• Original: Anglais
• Judges: Moore, Rawlins, De Nictolis
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant seeks compensation for the alleged financial consequences of the decision taken in March 2003 to grant her an invalidity pension with retroactive effect from 1 July 2000.

Judgment keywords

Keywords

delay in payment; complaint dismissed

Consideration 8

Extract:

The complainant essentially asks the Tribunal to issue what amounts to a declaratory order on future uncertain contingencies. The Tribunal does not make such orders.

Keywords

declaration of law

Consideration 9

Extract:

The Tribunal recalls that the principle of good faith and the concomitant duty of care demand that international organisations treat their staff with due consideration in order to avoid causing them undue injury; an employer must consequently inform employees in advance of any action that may imperil their rights or harm their rightful interests. The case law further states that the duty of care is greater in a rather opaque or particularly complex legal situation, as is often the case when it is necessary to determine staff rights in technical fields, such as the determination of pension rights (see, for example, Judgments 3861, under 9, and 2768, under 4).

Reference(s)

Jugement(s) TAOIT: 2768, 3861

Keywords

duty of care