Judgment No. 845

• Organization: European Patent Organisation (EPO)
• Date: 10.12.1987
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT AND THE APPLICATION TO INTERVENE ARE DISMISSED.

Summary

Extract:

The complainant claims 'rapid promotion' by virtue of the exception provided for in paragraph 64 of document CA/PV 10 concerning EPO staff members who were recruited before 1 January 1981. Inasmuch as the complainant was appointed after that date, he is not entitled to the promotion.

Keywords

effective date; administrative instruction; enforcement; promotion; personal promotion; appointment; date

Consideration 4

Extract:

"Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."

Reference(s)

ILOAT Judgment(s): 614

Keywords

effective date; exception; general principle; equal treatment; promotion; personal promotion; appointment; flaw; date; difference