Judgment No. 1969

• Organization: European Patent Organisation (EPO)
• Date: 12.07.2000
• Original: English
• Judges: Gentot, Carroll, Hugessen
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

"The Tribunal will quash [...] a decision [of a discretionary nature] only if it was taken without authority, or if it was tainted with a procedural or formal flaw or based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence."

Keywords

decision; judicial review; decision-maker; discretion; limits; disregard of essential fact; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority; abuse of power