Judgment No. 441
Decision
1. THE CLAIM REGARDING THE EXPATRIATION ALLOWANCE IS DISMISSED. 2. THE CLAIM REGARDING REPAYMENT OF THE COST OF TRAVEL SUCCEEDS. 3. THE COMPLAINANT IS AWARDED 300 GUILDERS TOWARDS HIS COSTS.
Consideration 6
Extract:
Under the applicable provision, staff members serving at the time of the Institute's integration into the organisation were transferred, retaining their previously acquired status. "Inasmuch as an official is transferred to an organisation he is not deemed 'appointed' by it."
Keywords
merger; transfer; appointment
Consideration 7
Extract:
The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.
Keywords
merger; acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; allowance; travel expenses; home leave; refund; discontinuance
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