Judgment No. 1980

• Organization: European Patent Organisation (EPO)
• Date: 12.07.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS ARE DISMISSED.

Considerations 5 and 10

Extract:

"The complainants contend that Judgment 1663 was not properly executed. According to a general principle, a judgment ordinarily affects only the parties to the suit and applies only to the issues raised in it. The Tribunal has applied that principle in judgments concerning monetary claims by staff members of organisations (see Judgment 1935, [...] under 4 to 6). The complainants were not parties to the proceedings that led to Judgment 1663 and so are not entitled to benefit from it unless they can invoke some special ground."
The complainants were unable to do so. Therefore the Tribunal found that, "having no locus standi to apply for the execution of Judgment 1663, the complainants cannot plead that the execution of the judgment was formally flawed."

Reference(s)

ILOAT Judgment(s): 1663, 1935

Keywords

locus standi; receivability of the complaint; res judicata; same cause of action; same parties; judgment of the tribunal; execution of judgment; general principle; flaw; formal flaw