Judgment No. 2276

• Organization: European Organization for Nuclear Research (CERN)
• Date: 04.02.2004
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The complainant is entitled to the full amount of the non-resident allowance without gradual reduction.
3. The Organization shall pay the complainant the sum of 5,000 Swiss francs in costs.

Consideration 4

Extract:

When it comes to interpretation, the primary rule is that words are to be given their obvious and ordinary meaning (see Judgment 1222, under 4) and any ambiguity in a provision should be construed in favour of staff and not of the Organization (see Judgment 1755, under 12).

Reference(s)

ILOAT Judgment(s): 1222, 1755

Keywords

interpretation; interpretation of rules