Judgment No. 1658
The complaint is dismissed.
"The complainant asks the Tribunal to adjourn the case until a decision has been taken by the [...] Administrative Council of the EPO - on his application for referral of Judgment 1333 [...] to the International Court of Justice for an advisory opinion. [...] The Tribunal asked the Organisation what was the status of any application from the complainant to the Administrative Council for such referral. The Organisation replied [...] enclosing a copy of a letter that the Chairman of its Council had written to the complainant [...] explaining that the conditions for such referral were not fulfilled: the Council was satisfied, said its Chairman, that the Tribunal had been competent to hear the case and that there had been no fundamental fault in the procedure followed. Since the complainant's application for referral to the court has been refused the Tribunal will now take up the case."
Jugement(s) TAOIT: 1333
icj; complainant; competence of tribunal; judgment of the tribunal; submissions; suspension; executive body; procedural flaw; request by a party; advisory opinion of icj
"The complainant asks the Tribunal 'to declare itself not neutral to give a judgment in this complaint because of the Tribunal's involvement (and especially of its members) in the Judgements 1041, 1296, 1297 and 1333.' The claim is not acceptable. The Tribunal will entertain each case that comes before it [...]. Besides, by lodging this complaint the complainant has acknowledged the Tribunal's competence to hear it. If he does not want the Tribunal to rule on his case, his remedy is to withdraw suit. He has not done so."
Jugement(s) TAOIT: 1041, 1296, 1297, 1333
complaint; withdrawal of suit; tribunal; competence of tribunal; bias