Judgment No. 4488

• Organization: European Patent Organisation (EPO)
• Date: 27.01.2022
• Original: Anglais
• Judges: Moore, Rawlins, De Nictolis
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The impugned decision of 12 August 2014 is set aside.
2. The EPO shall pay the complainant moral damages in the sum of 35,000 euros.
3. The EPO shall pay the complainant 1,000 euros in costs.
4. All other claims are dismissed.

Summary

The complainant challenges the decision to transfer her to another post.

Judgment keywords

Keywords

complaint allowed; transfer

Consideration 6

Extract:

[T]his response does not answer the fundamental proposition emerging from Judgment 2819, namely that if the new tasks involve none of the tasks specified in the Service Regulations for a grade A6 post, the transfer did not respect the transferee’s dignity (see consideration 8, as explained more fully in that judgment).

Reference(s)

Jugement(s) TAOIT: 2819

Keywords

transfer

Consideration 7

Extract:

The Tribunal’s case law establishes in, for example, Judgment 4407, at consideration 3, that an internal appeal body’s report warrants considerable deference in circumstances where its report involves a balanced and thoughtful analysis of the issues raised in the internal appeal, as it does in this case, and on its analysis its conclusions and recommendations were justified and rational, as again they are in this case (see also Judgments 3608, consideration 7, 3400, consideration 6, and 2295, consideration 10).

Reference(s)

Jugement(s) TAOIT: 2295, 3400, 3608, 4407

Keywords

deference; report of the internal appeals body

Consideration 8

Extract:

[The complainant] is not entitled to an order for legal costs incurred in the internal appeal proceedings as there are no exceptional circumstances to justify such an award (see, for example, Judgment 4399, consideration 13).

Reference(s)

Jugement(s) TAOIT: 4399

Keywords

costs for internal appeal procedure