Third party (960,-666)

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• Judgment 4575

  
  135th Session, 2023
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaints concern compensation following the refusal to allow the Central Staff Committee to publish two documents on the EPO’s Intranet.

  Consideration 7

  Extract:

  As to the receivability of the complainants’ request for an award of moral damages in the amount of one euro per staff member, the Tribunal notes that its jurisdiction ratione personae, pursuant to Article II of the Statute, is of an individual nature. The Tribunal can only order that the Organisation pay compensation for damages to the complainants (Article II, paragraph 5, of the Statute of the Tribunal), and not to third parties. For this reason, the Tribunal will not follow Judgment 2857, which underpins the complainants’ argument on this topic.

  Reference(s)

  ILOAT Judgment(s): 2857
  

  Keywords:

  cause of action; moral damages; receivability of the complaint; staff representative; third party;