Judgment No. 2073

• Organization: European Patent Organisation (EPO)
• Date: 12.07.2001
• Original: English
• Judges: Hugessen, Romero, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISIONS OF THE PRESIDENT DATED 25 JULY 2000 ARE SET ASIDE IN SO FAR AS THEY REFUSED PAYMENT OF MORAL DAMAGES.
2. THE DEFENDANT SHALL PAY THE COMPLAINANTS A NOMINAL GLOBAL AWARD OF DAMAGES AMOUNTING TO 1,000 GERMAN MARKS.
3. IT SHALL PAY THEM A GLOBAL AWARD OF 2,000 EUROS FOR COSTS.

Consideration 17

Extract:

The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."

Keywords

injury; complainant; administrative delay; costs; amount; damages; lack of evidence; organisation's duties; written rule; breach; supervisor