European Court of Justice (ECJ) (228,-666)

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Keywords: European Court of Justice (ECJ)
Total judgments found: 8

• Judgment 4316

  
  130th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the introduction of fixed “bridging days” to balance the number of public holidays at the different places of employment.

  Consideration 15

  Extract:

  Regarding the alleged indirect discrimination against women, who are more likely to work part-time than men, the IAC minority took into consideration the judgment rendered by the European Court of Justice (ECJ) on 6 December 2007 in case C-300/06, to contend that the change introduced by Circular No. 309 had resulted in indirect discrimination. Regardless of other considerations, the case examined by the ECJ is different from the present case. According to ECJ case law, the principle of equal pay also excludes the application of provisions which maintain different treatment between men and women at work as a result of criteria not based on sex where those differences of treatment are not attributable to objective factors wholly unrelated to sex discrimination. In this case, the alleged indirect discrimination against women is not established, as the difference of treatment had been determined by objective factors, involving financial gains and administrative benefits, wholly unrelated to any kind of discrimination.

  Keywords:

  discrimination; discrimination against women; equal pay for equal work; european court of justice (ecj); part-time employment;
  

  
  
  

• Judgment 3517

  
  120th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants, who were on maternity leave in 2011, impugn the decision to pay a collective reward to staff in active service during 2011 but to make a deduction for them pro rata temporis.

  Consideration 11

  Extract:

  [T]he Tribunal notes that the complainants have referred, in their brief, to a decision of the European Court of Justice No. C-333/97, which may provide argument that the approach of the EPO to adjust the reward to the disadvantage of the complainants by reference to periods of maternity leave is questionable.

  Keywords:

  european court of justice (ecj);
  

  
  
  

• Judgment 2564

  
  101st Session, 2006
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  In his rejoinder the complainant refers in particular to Judgment C-152/81, delivered by the European Court of Justice on 14 July 1983. That judgment, however, merely confirms the interpretation made by the Organisation of the rules that are presently at issue, which the Tribunal shares.

  Keywords:

  european court of justice (ecj);
  

  
  
  

• Judgment 2556

  
  101st Session, 2006
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  In support of [her] argument, the complainant relies on the judgment of the European Court of Justice in Case C151/02. In that case it was held that, for the purposes of Council Directive 93/104/EC, a doctor’s on-call duty, when required to be present in a hospital, must be regarded as working time even if the doctor is permitted to rest during periods when not required to perform duties. That decision was based on the terms of the Council Directive there considered and does not have direct relevance to the present case.

  Keywords:

  european court of justice (ecj);
  

  
  
  

• Judgment 1297

  
  75th Session, 1993
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  See Judgment 1296, consideration 7.

  Reference(s)

  Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
  

  
  
  

• Judgment 1296

  
  75th Session, 1993
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The Tribunal is not bound by the rulings of the Court of Justice of the European Communities, but inasmuch as Article 67(2) is derived from the article bearing the same number in the Staff Regulations of the Communities, the Court's decisions do carry persuasive authority."

  Reference(s)

  Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
  

  
  
  

• Judgment 860

  
  63rd Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  "Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."

  Reference(s)

  ILOAT Judgment(s): 657
  

  Keywords:

  applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;
  

  
  
  

• Judgment 768

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The complainant requests that the matter of the recognition of his degree should be referred to the Court of Justice of the European Communities for a preliminary ruling. The Tribunal has no authority to order such reference."

  Keywords:

  competence; competence of tribunal; degree; european court of justice (ecj); remand;