Judgment No. 1674

• Organization: European Patent Organisation (EPO)
• Date: 29.01.1998
• Original: French
• Judges: Gentot, Egli, Barberis
• Full judgment text - Full judgment text (french)

Decision

1. The complaint shows no cause of action insofar as it challenges the instigation of proceedings before the Invalidity Committee.
2. The complainant's other claims are dismissed.

Consideration 6(B)

Extract:

"Where the decision-making authority tarries over an appeal, the internal procedure must be deemed exhausted when the complainant has done his utmost to get things going yet no decision is likely reasonably soon" (see Judgments 1243, 1404, 1433, 1486 and 1534).

Reference(s)

ILOAT Judgment(s): 1243, 1404, 1433, 1486, 1534

Keywords

complaint; receivability of the complaint; internal appeals body; administrative delay; internal remedies exhausted; exception; reasonable time