Judgment No. 1463

• Organization: European Patent Organisation (EPO)
• Date: 06.07.1995
• Original: French
• Judges: Douglas, Razafindralambo, Pescatore
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 14

Extract:

"Several judgments say that a decision on a staff report, being a discretionary one, may be set aside only on limited grounds such as a mistake of fact or of law or failure to take account of some material fact: see [...] Judgments 724 [...], 806 [...] and 1144 [...]."

Reference(s)

ILOAT Judgment(s): 724, 806, 1144

Keywords

case law; performance report; judicial review; discretion; disregard of essential fact; mistake of fact

Consideration 3

Extract:

[T]he appointing authority is bound - patere legem quam ipse fecisti - to abide by the rules that it has itself issued and that have the force of law. So any breach of them will constitute a fatal flaw in the impugned decision.

Keywords

general principle; patere legem