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Judgment No. 3961

Decision

The complaint is dismissed, as is the EPO’s counterclaim.

Summary

The complainant impugns the Administrative Council’s implied rejection of his request to order an investigation into the unauthorised public disclosure of confidential information relating to ongoing disciplinary proceedings against him, and to initiate disciplinary proceedings against those involved.

Judgment keywords

Keywords

confidential evidence; inquiry; disciplinary procedure; complaint dismissed

Consideration 4

Extract:

Consistent case law holds that procedures may include many steps which lead to a final, impugnable decision, but those steps cannot be challenged separately. To allow otherwise would open procedures to a senseless and paralysing number of individual appeals that would serve no useful purpose (see Judgments 3876, under 5, 3700, under 14, 3433, under 9, and 3512, under 3).

Reference(s)

Jugement(s) TAOIT: 3433, 3512, 3700, 3876

Keywords

final decision; step in the procedure

Consideration 7

Extract:

The Tribunal shall not order the complainant to pay costs because, notwithstanding the fact that he has filed multiple complaints with duplicate requests, the present complaint cannot be regarded as vexatious by reason of its irreceivability.

Keywords

vexatious complaint; counterclaim



 
Dernière mise à jour: 25.05.2020 ^ haut