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Judgment No. 1431

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

The impugned decision having been withdrawn and declared null and void by its author, "whatever his reasons for doing so may have been, the only possible inference is [...] that the complainant has no cause of action and his complaint is therefore irreceivable." The Tribunal need not rule on the substantive question he raises in the absence of any substantive dispute between the parties.

Keywords

complaint; decision; withdrawal of decision; receivability of the complaint; cause of action; no cause of action; competence of tribunal

Consideration 7

Extract:

The EPO described [the complainant's] complaint as "an abuse". But it does not ask the Tribunal to dismiss it as irreceivable for that reason. "The defendant is merely exercising the freedom of speech that any litigant must be allowed, short of resorting to offensive or insulting language." the complainant's claim to damages on that account fails.

Keywords

new claim; organisation; vexatious complaint; submissions; rejoinder; reply; freedom of speech; limits; criteria



 
Dernière mise à jour: 02.11.2017 ^ haut