Judgment No. 2744

• Organization: European Patent Organisation (EPO)
• Date: 09.07.2008
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. The EPO shall pay the complainant 1,000 euros in moral damages.
2. It shall pay the complainant 400 euros in costs.
3. All other claims are dismissed.

Consideration 9

Extract:

"In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."

Keywords

procedure before the tribunal; moral injury; internal appeals body; administrative delay; internal appeal; report; delay; period; date; publication; right