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Judgment No. 1543

Decision

The complaint is dismissed.

Consideration 4

Extract:

"The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."

Reference(s)

ILOAT reference: ARTICLE 7 OF THE RULES
Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES

Keywords

complaint; organisation; receivability of the complaint; competence of tribunal; summary procedure; member state; iloat statute; privileges and immunities; waiver of immunity; judicial review; discretion; executive head; request by a party



 
Last updated: 13.05.2020 ^ top