Judgment No. 2730

• Organization: European Patent Organisation (EPO)
• Date: 09.07.2008
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 4

Extract:

"[A]nyone filing a complaint with the Tribunal must state in his brief the facts of the case and the pleas raised against the impugned decision (Article 6, paragraph 1(b) of the Rules of the Tribunal). He should do so by putting forward arguments that can reasonably be considered to support his case. At all events, the immunity that the complainant enjoys in respect of his litigation does not exempt him from the duty to refrain from violating the respect that any litigant owes to the opposing parties. The Tribunal does not have to tolerate the initiation of proceedings before it that are manifestly frivolous, wrongful or vexatious."

Reference(s)

ILOAT reference: Article 6, paragraph 1(b), of the Rules

Keywords

procedure before the tribunal; complaint; decision; grounds; complainant; vexatious complaint; iloat statute; privileges and immunities; staff member's duties; limits

Consideration 5

Extract:

"All issues of receivability raised may [...] remain undecided because the complaint is manifestly ill-founded."

Keywords

procedure before the tribunal; complaint; receivability of the complaint; iloat