Judgment No. 2714

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2008
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is quashed.
2. The EPO shall reimburse the complainant the sums deducted from her salary together with interest at a rate of 8 per cent per annum, as stated in consideration 14.
3. It shall pay her 2,000 euros in costs.

Consideration 11

Extract:

[I]t is well settled that the Tribunal 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 for example Judgments 1284, under 4, and 2361, under 9).

Reference(s)

ILOAT Judgment(s): 1284, 2361

Keywords

medical board; service-incurred; judicial review; discretion