Judgment No. 1897

• Organization: European Patent Organisation (EPO)
• Date: 03.02.2000
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISION OF THE ADMINISTRATIVE COUNCIL OF THE EPO, TAKEN AT ITS 65TH MEETING, TO MAINTAIN IN SERVICE TWO MEMBERS OF THE BOARDS OF APPEAL BEYOND THE AGE OF SIXTY-FIVE YEARS IS SET ASIDE FOR THE REASONS SET OUT IN THE JUDGMENT.
2. THE ORGANISATION SHALL PAY THE COMPLAINANTS THE GLOBAL SUM OF 2,000 EUROS IN COSTS.
3. THEIR OTHER CLAIMS ARE DISMISSED.

Consideration 2

Extract:

"As the organisation did not contest the receivability of a premature appeal [...] during the internal procedure, the principle of good faith prevents it from doing so subsequently."

Keywords

receivability of the complaint; internal appeal; good faith; organisation's duties

Consideration 11(a)

Extract:

"In keeping with the rule that similar acts require similar procedures, the modification of a rule - including allowing an exception - must respect the same process which was used for its adoption."

Keywords

formal requirements; exception; general principle; written rule; staff regulations and rules; amendment to the rules; provision; parallelism of form

Consideration 6

Extract:

A general principle of law has it that the legal situation of someone cannot be modified before they have had an opportunity to be heard. This principle is also valid for international organisations and the Tribunal [...].

Keywords

adversarial proceedings; organisation's duties; right to be heard