Judgment No. 1979

• Organization: European Patent Organisation (EPO)
• Date: 12.07.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 4

Extract:

"Consistent precedent holds that, since judgments carry the authority of res judicata only for the parties to a dispute (see Judgment 1935 [...]), complainants may not put forward claims for the whole staff, but only for themselves. The complaints are irreceivable insofar as they address the position of persons who are not parties to this suit."

Reference(s)

ILOAT Judgment(s): 1935

Keywords

claim; locus standi; receivability of the complaint; res judicata; same parties; judgment of the tribunal; case law; general principle; binding character; request by a party

Consideration 5(H)

Extract:

"The rule against retroactivity prevents an organisation from applying retroactively to staff a rule which is unfavourable to them. In order to determine whether a measure is unfavourable its overall effects must be assessed."

Keywords

general principle; non-retroactivity; written rule