Judgment No. 854

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

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

The complainant, a national of the Federal Republic of Germany, was initially appointed to The Hague, where he received an expatriation allowance; he was then transferred to Berlin where he no longer received the allowance. The complainant contends that he is still entitled to the allowance under Article 72[3] of the EPO Service Regulations since, even though a national of the country in which he is serving, he had been continuously resident in another State for at least 10 years at the time of appointment. The complainant takes the expression 'at the time of their appointment' to mean at the date of transfer. The interpretation is without merit. The complaint is dismissed.

Reference(s)

Organization rules reference: ARTICLE 72.3 OF THE EPO STAFF REGULATIONS
ILOAT Judgment(s): 786

Keywords

nationality; place of origin; staff regulations and rules; interpretation; provision; residence; non-resident allowance; right