Judgment No. 202

• Organization: International Patent Institute (IPI)
• Date: 14.05.1973
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

Seniority bonuses are part of the terms of recruitment. Only by retroactive application of the new Staff Rules could the complainant be granted an additional bonus. But the new rules are not retroactive and the complainant's reliance on them is ill-founded.

Keywords

non-retroactivity; staff regulations and rules; amendment to the rules; enforcement; provision; terms of appointment; increment; professional experience; seniority

Considerations

Extract:

"At the time of his recruitment and of the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Rules [...] The complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."

Keywords

equal treatment; non-retroactivity; staff regulations and rules; amendment to the rules; provision; terms of appointment

Considerations

Extract:

"That principle, [...] which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."

Keywords

general principle; equal treatment; enforcement; no provision