Judgment No. 1269

• Organization: European Patent Organisation (EPO)
• Date: 14.07.1993
• Original: French
• Judges: Ruda, Pescatore, Gentot
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 13

Extract:

"As a staff representative he was filing suit both for himself and in the common interest. Since neither the Service Regulations of the EPO nor the Statute of the Tribunal allow staff associations as such to file suit, the only way for them to safeguard their interests is for individual officials to act as their representatives in furtherance of the common rights and interests of the whole or part of the staff. In Judgment 1147 the Tribunal held, under 3 and 4, that an EPO staff member might in such circumstances act in his capacity as chairman of the Staff Committee."

Reference(s)

ILOAT Judgment(s): 1147

Keywords

locus standi; right of appeal; case law; iloat statute; staff regulations and rules; staff representative

Consideration 14

Extract:

Having held that an official might act in his capacity as representative of the Staff Association in furtherance of common interests before the Tribunal, the Tribunal holds that "it is only fair to acknowledge a similar right for a staff member who, while defending his own case, is also pursuing some particular common interest that the Service Regulations safeguard", even after resigning.

Keywords

locus standi; right of appeal; staff regulations and rules; resignation; staff representative