Judgment No. 1099
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
The complainant claims the expatriation allowance provided under Article 72 of the EPO Service Regulations for officials who, at the time of their appointment, have not been continuously resident in their duty station for the preceding three years. As he does not meet that requirement, he wants the time he spent in the Federal Republic of Germany to be discounted and he relies on the German wording of the provision, which refers to the official's being "permanently established" rather than "resident" at the duty station as in the English and French versions. The English and French versions being quite explicit, the German version must be interpreted in a way that reconciles all three. (Vide Judgment 926.)
Reference(s)
Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS Jugement(s) TAOIT: 926
Keywords
nationality; staff regulations and rules; interpretation; language of rule; residence; non-resident allowance; condition; criteria
Consideration 8
Extract:
"As the Tribunal observed in Judgment 926, the [expatriation] allowance is intended to meet the case of an official who has no affinity with the country of his duty station. Whether the condition of 'continuous residence' [in Article 72(1) of the Service Regulations] is met depends on the existence of objective and factual links with that country: the test is one of simple residence."
Reference(s)
Organization rules reference: ARTICLE 72(1) OF THE EPO SERVICE REGULATIONS Jugement(s) TAOIT: 926
Keywords
duty station; residence; non-resident allowance; condition; criteria
Consideration 9
Extract:
In respect of expatriation allowance "the rules and practices of other international organisations are not binding on the EPO and the Tribunal's rulings turns solely on its interpretation of the Organisation's own texts."
Keywords
applicable law; rule of another organisation; non-resident allowance
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