Judgment No. 2935

• Organization: European Patent Organisation (EPO)
• Date: 08.07.2010
• Original: French
• Judges: Gaudron, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside to the extent indicated in the judgment, under 9.
2. The EPO shall pay the complainant material damages of 20,000 euros.
3. It shall pay her moral damages in the amount of 10,000 euros in addition to the sum of 5,000 euros already granted in this respect.
4. The EPO shall also pay the complainant 5,000 euros in costs.
5. All other claims are dismissed.

Consideration 5

Extract:

"The complainant claims punitive damages. This claim may be summarily dismissed because it is tantamount to asking the Tribunal to make an example of the Organisation by obliging it to pay compensation exceeding the material and moral injury actually suffered by the complainant. Such a claim may be allowed only in exceptional circumstances, for instance where an organisation's conduct has been in gross breach of its obligation to act in good faith."

Keywords

good faith; breach; compensation; material damages

Consideration 8

Extract:

"[I]t is in the common interest of candidates and international organisations that appointment procedures be conducted with dispatch [...]. [In the present instance, the] extraordinarily long period of time [- four years] was not justified by any particular circumstances."

Keywords

delay; organisation's duties; competition; candidate