Judgment No. 991

• Organization: European Patent Organisation (EPO)
• Date: 23.01.1990
• Original: Français
• Judges: Suffian, Carroll, Pescatore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.

Keywords

organisation's duties; salary; leave; compassionate leave; special leave; judicial review; consequence; payment

Consideration 11

Extract:

"The complainant must have known when he applied for leave that he would have 'non-active status' and that that would affect his entitlement to pay and to the other benefits of employment."

Keywords

career; promotion; salary; leave; compassionate leave; special leave; consequence