Judgment No. 1518

• Organization: European Patent Organisation (EPO)
• Date: 11.07.1996
• Original: Anglais
• Judges: Fernando, Douglas, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE DECISION OF 4 AUGUST 1995 BY THE PRESIDENT OF THE OFFICE IS QUASHED.
2. THE CASE IS SENT BACK TO THE PRESIDENT FOR A NEW DECISION AFTER RESUBMISSION OF THE CASE TO THE APPEALS COMMITTEE.
3. THE ORGANISATION SHALL PAY THE COMPLAINANT 1,000 GERMAN MARKS IN COSTS.

Considerations 11-12

Extract:

The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.

Reference(s)

Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS

Keywords

procedure before the tribunal; decision; internal appeals body; internal appeal; decision quashed; case sent back to organisation; right to reply; staff regulations and rules; breach; flaw; procedural flaw; consequence