Judgment No. 3053

• Organization: European Patent Organisation (EPO)
• Date: 08.02.2012
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 5

Extract:

"[A]s the President of the Office has no jurisdiction to entertain an appeal against a decision of the Administrative Council, her action in referring the appeal addressed to the Council to the Appeals Committee has no legal effect. It follows that the argument that the present complaint is irreceivable on the basis that internal remedies have not been exhausted because proceedings are pending before the Internal Appeals Committee must be rejected."

Keywords

internal appeal

Consideration 6

Extract:

"Where the only body competent to hear an appeal declines jurisdiction, a decision to that effect is a final decision that may properly be the subject of a complaint to the Tribunal."

Keywords

internal appeals body; internal appeal; internal remedies exhausted; final decision

Consideration 7

Extract:

"Ordinarily, if an internal appeals body wrongly declines jurisdiction, the decision to that effect will be set aside and remitted for further consideration in accordance with the relevant internal appeal procedures."

Keywords

internal appeals body; competence; internal appeal; case sent back to organisation; refusal

Judgment keywords

Keywords

internal appeals body; competence; complaint dismissed