Judgment No. 935
THE COMPLAINT IS DISMISSED.
"no final decision has yet been taken on conclusion of the conciliation procedure. as the organisation observes in its reply, the conciliation procedure does not form part of the appeal proceedings and [...] is not subject to any time limit."
procedure; absence of final decision; receivability of the complaint; internal appeal; internal remedies exhausted; time limit
"the complainant questions the impartiality of the president of the tribunal on the grounds that the president allowed the epo's application for permission to confine its reply to the issue of receivability. the president took that decision by virtue of his general authority to direct proceedings. even when the president has granted permission to reply only on receivability the tribunal may still declare a complaint receivable and order further pleadings on the merits, as indeed it did in judgment 852."
Jugement(s) TAOIT: 852
procedure; challenge of member; tribunal; competence of tribunal; reply confined to receivability; bias