Judgment No. 2114

• Organization: European Patent Organisation (EPO)
• Date: 30.01.2002
• Original: Anglais
• Judges: Carroll, Hugessen, Romero
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 14

Extract:

"When the measure takes the form of a reprimand, the Tribunal will exercise a limited power of review. It will not interfere 'unless the measure was taken without authority, or violates a rule of form or procedure, or is based on an error of fact or of law, or if essential facts have not been taken into consideration, or if it is tainted with abuse of authority, or if a clearly mistaken conclusion has been drawn from the facts'. (see Judgment 274, [...], under 2.)"

Reference(s)

Jugement(s) TAOIT: 274

Keywords

conduct; duty of discretion; freedom of speech; disciplinary measure; censure; judicial review; decision-maker; limits; disregard of essential fact; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority; abuse of power