Contra proferentem (834,-666)

You searched for:
Keywords: Contra proferentem
Total judgments found: 2

• Judgment 4057

  
  127th Session, 2019
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to reduce her pension on the basis of a reduction of the consumer price index.

  Consideration 3

  Extract:

  The rule or principle of interpretation is that a clause in a document should be interpreted in favour of the party who did not draft the clause (in this case the staff), and not in favour of the party who did draft the clause, sought the inclusion of the clause or possibly in whose interests the clause was intended to operate (that is to say contra proferentem). However this rule, whatever its width, only operates in circumstances where the clause is ambiguous (see, for example, Judgment 1755, consideration 12, and, more recently, Judgment 3355, consideration 16).

  Reference(s)

  ILOAT Judgment(s): 1755, 3355
  

  Keywords:

  contra proferentem; interpretation; interpretation of rules; staff member's interest;
  

  
  
  

• Judgment 3434

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the EPO had correctly concluded that the complainant was not entitled to the reimbursement he claimed for the school fees of his children.

  Consideration 6

  Extract:

  The applicable principles for the interpretation of the EPO’s provisions for the reimbursement of school fees have been set out, for example, in Judgment 3310, under 7, as follows:
  “The primary rule is that words in a statutory text are to be given their obvious and ordinary meaning and any ambiguity in a provision should be construed in favour of staff and not of the Organisation (see Judgment 2276, consideration 4). The construction of any instrument of this character entails the Tribunal endeavouring to ascertain the objectives sought to be achieved by the instrument having regard to the language used.”

  Reference(s)

  ILOAT Judgment(s): 2276, 3310
  

  Keywords:

  contra proferentem; interpretation of rules;