Judgment No. 975

• Organization: European Patent Organisation (EPO)
• Date: 27.06.1989
• Original: Anglais
• Judges: Ducoux, Carroll, Douglas
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

"It is a principle of interpretation - expressio unius exclusio alterius - that express mention in a text of one or more things belonging to a category excludes by implication all other things in the category."

Keywords

staff regulations and rules; interpretation; criteria

Consideration 8

Extract:

"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."

Reference(s)

Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS

Keywords

decision; internal appeals body; recommendation; organisation's duties; executive head; binding character

Consideration 9

Extract:

"The fact that [the complainant] formerly benefited from misinterpretation of the rules does not entitle her to have the rules wrongly applied a second time."

Keywords

amendment to the rules; interpretation

Consideration 9

Extract:

"The practice of allowing mothers to defer prenatal maternity leave and to extend postnatal maternity leave correspondingly does not entitle the complainant to substitute sick leave for maternity leave, that being contrary to the provisions of the Regulations."

Keywords

practice; staff regulations and rules; enforcement; provision; extension of contract; maternity leave; sick leave