Judgment No. 2358

• Organization: European Patent Organisation (EPO)
• Date: 14.07.2004
• Original: Anglais
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The impugned decision is set aside.
2. The EPO shall pay the complainant the arrears to make up his full salary for the period from May 1999 to 31 August 2001 (together with interest at 8 per cent per annum from each payment due date).
3. It shall also pay him costs in the amount of 1,500 euros.
4. All other claims are dismissed.

Consideration 18

Extract:

"[T]he Tribunal asserts categorically that, as a matter of law, the ambiguities must be resolved in the manner most favourable to staff members. That is simply an application of the general rule requiring that any ambiguous text should be construed against the interest of the person responsible for drafting it and in favour of the person upon whom it is imposed. (For a recent application of the rule, see Judgment 2290.)"

Reference(s)

Jugement(s) TAOIT: 2290

Keywords

general principle; staff member's interest; written rule; enforcement; interpretation; organisation's interest