Judgment No. 3459

• Organization: European Patent Organisation (EPO)
• Date: 11.02.2015
• Original: Anglais
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The Tribunal found that it was not competent to hear the complaint and summarily dismissed it.

Judgment keywords

Keywords

external collaborator; summary procedure; complaint dismissed

Consideration 4

Extract:

"[T]he fundamental difficulty for the complainant in pursuing her complaint in this Tribunal is that she was not, at the time of the impugned decision, an “official” of the EPO for the purposes of Article II of the Tribunal’s Statute having regard to the way that concept of “official” has been established and entrenched in the jurisprudence of the Tribunal. The complainant does not (and on her account of the facts probably could not) point to any contract under or by which she was appointed an official of the EPO. Her employment (in the loosest sense of the word) or engagement to work at the EPO was through a third party, a private company. Accordingly, her complaint is not one the Tribunal is competent to hear."

Keywords

external collaborator; ratione personae; non official