Judgment No. 1825

• Organization: European Patent Organisation (EPO)
• Date: 28.01.1999
• Original: English
• Judges: Gentot, Hugessen, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 6

Extract:

"The Tribunal's judgments are final and binding. They are not subject to appeal. The Tribunal will not entertain applications for revision or review except in the most unusual circumstances such as fraud or the discovery of conclusive new evidence which could not have been brought forward before. The stability of judicial procedures and the need to bring an end to litigation require that parties must accept the result they obtain even when they are unsatisfied with it. Where both parties have had a full opportunity to present their case and where no new and previously undiscoverable factual element is brought forward the principle of res judicata prevents the reopening and rearguing of cases already decided."

Keywords

application for review; admissible grounds for review; finality of judgment; new fact on which the party was unable to rely in the original proceedings; res judicata; evidence; condition