Judgment No. 4044

• Organization: European Patent Organisation (EPO)
• Date: 26.06.2018
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The application for execution is dismissed.

Summary

The complainant has filed an application for execution of Judgment 3695.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3695

Keywords

application for execution; complaint dismissed

Considerations 6-7

Extract:

Foundational to the Tribunal’s reasoning in [Judgment 3695] was the duty of an executive head of an organisation to substantiate a final decision departing from the recommendations of an appeal committee. In that regard, the Tribunal referred to Judgments 2339, 2699 and 3208.
However, for the purpose of the present application for execution, the applicable principle was discussed by the Tribunal in Judgment 2092, consideration 10. The Tribunal said a departure from a recommendation of an appeal committee must be explained, but also said: “[w]hen the executive head of an organisation accepts and adopts the recommendations of an internal appeal body he [or she] is under no obligation to give any further reasons than those given by the appeal body itself” (see also, for example, Judgments 2577 and 2611).

Reference(s)

ILOAT Judgment(s): 2092, 2339, 2577, 2611, 2699, 3208, 3695

Keywords

duty to substantiate decision; internal appeals body; motivation; motivation of final decision