Judgment No. 2361

• Organization: European Patent Organisation (EPO)
• Date: 14.07.2004
• Original: French
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

1. There is no need to rule on the complainant's claim to set aside the decision of 18 July 2003 by the EPO's Head of Personnel Administration.
2. The Organisation shall pay the complainant 2,000 euros in moral damages.
3. It shall also pay her 1,500 euros in costs.

Consideration 9

Extract:

"[T]he Tribunal, in keeping with consistent precedent, may not replace the findings of medical boards with its own. But it does have full competence to say whether there was due process and whether the reports used as a basis for administrative decisions show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence (see Judgment 1284, under 4)."

Reference(s)

ILOAT Judgment(s): 1284

Keywords

procedure before the tribunal; decision; report; competence of tribunal; vested competence; iloat; case law; medical board; medical opinion; judicial review; limits; disregard of essential fact; mistaken conclusion