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Judgment No. 1393

Decision

THE COMPLAINT AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 7

Extract:

Vide Judgment 1279, consideration 9.

Reference(s)

Jugement(s) TAOIT: 1279

Keywords

general decision; individual decision; receivability of the complaint; internal appeal; time limit; start of time limit; time bar; case law

Consideration 8

Extract:

"Consistent rulings by the Tribunal make it plain that the act which is challengeable and so sets off the time limit will ordinarily be some individual decision notified to the staff member. Only that decision affords him unquestionable and final notice that the time limit is set off and that he will have to act if he wants to assert his rights."

Reference(s)

Jugement(s) TAOIT: 323, 398, 624, 625, 626, 902, 963, 1081, 1101, 1134, 1148

Keywords

individual decision; receivability of the complaint; cause of action; internal appeal; time limit; date of notification; start of time limit; time bar; case law

Consideration 9

Extract:

"There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."

Keywords

absence of final decision; general decision; individual decision; receivability of the complaint; internal appeals body; internal appeal; time limit; start of time limit; time bar; good faith; organisation's duties; date



 
Dernière mise à jour: 06.11.2017 ^ haut