Satisfaction (951,-666)

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Keywords: Satisfaction
Total judgments found: 2

• 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 9

  Extract:

  According to a recent precedent, decided by the seven judges of the Tribunal, a complainant, acting as a staff representative, is not entitled to an award of moral damages (see Judgment 4550, consideration 20). By their very nature, violations of the rights of staff representatives cannot, under any circumstances, give rise to any personal right to financial compensation.
  Depending on the circumstances of the case, a moral injury, due to its nature, can be restored not only by means of a sum of money. While the Tribunal considers that it is beyond its power to order a public apology (see Judgment 2762, consideration 31), it determines that the annulment of the impugned decision can be considered by itself a form of redress of moral injury (see Judgments 1745, consideration 12, and 1481, consideration 8). In a case similar to the present, concerning censorship in violation of freedom of communication, the Tribunal affirmed that the EPO, by requiring prior authorization for the dispatching of mass emails, breached the complainants’ freedom of communication. Nonetheless, in that case, the Tribunal, as to the redress for moral injury, held that the annulment of the impugned decision was in itself a sufficient remedy for any moral injury the complainants may have conceivably suffered (see Judgment 4551, consideration 16).
  Similarly, in the present case, it must be held that the […] decision admitting the unlawfulness of the censorship related to the publication of two documents, together with the publicity given to this decision on the Organisation’s website, were already sufficient redress for any moral injury.

  Reference(s)

  ILOAT Judgment(s): 1481, 1745, 2762, 4550, 4551
  

  Keywords:

  moral damages; satisfaction; staff representative;
  

  
  
  

• Judgment 4551

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants contest modifications made with respect to the use of mass emails within the Office.

  Consideration 16

  Extract:

  Each complainant [...] seeks an award of 20,000 euros in moral damages for the “serious breach” of their rights since 2013. The Tribunal finds that the annulment of the impugned decision is in itself a sufficient remedy for any moral injury the complainants may have conceivably suffered.

  Keywords:

  moral damages; satisfaction; staff representative;