Judgment No. 3151

• Organization: European Patent Organisation (EPO)
• Date: 04.07.2012
• Original: English
• Judges: Ba, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. The EPO shall pay the complainant moral damages in the amount of 2,000 euros.
2. It shall also pay him costs in the amount of 500 euros.
3. The complaint is otherwise dismissed.

Judgment keywords

Keywords

complaint allowed; performance evaluation

Consideration 7

Extract:

[A]s the conciliation procedure is outside the [EPO] internal appeals procedure, it cannot be taken into account in the calculation of the delay in the internal appeals procedure.

Keywords

moral injury; delay in internal procedure

Consideration 8

Extract:

Regarding the complainant’s request for disclosure of the minutes of the hearing held concerning his three internal appeals, the Tribunal notes that it was raised for the first time in the rejoinder of the present proceedings. It is therefore irreceivable owing to a failure to exhaust internal means of redress.

Keywords

new claim; disclosure of evidence; rejoinder