Judgment No. 852

• Organization: European Patent Organisation (EPO)
• Date: 10.12.1987
• Original: Français
• Judges: Ducoux, Pescatore, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE ORGANISATION'S OBJECTIONS TO RECEIVABILITY ARE DISMISSED.
2. THE PROCEEDINGS SHALL RESUME ON THE MERITS.

Summary

Extract:

Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.

Reference(s)

ILOAT reference: ARTICLE VII OF THE STATUTE

Keywords

procedure before the tribunal; decision; failure to answer claim; late decision; receivability of the complaint; tribunal; case sent back to organisation; further submissions on the merits; case pending; reply confined to receivability; refusal