Judgment No. 3463

• Organization: European Patent Organisation (EPO)
• Date: 11.02.2015
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complaints are summarily dismissed because, by the time they were filed, there had been a decision on the complainants' claim, which precludes the challenging of an implied rejection of their requests for review.

Judgment keywords

Keywords

direct appeal to tribunal; summary procedure; complaint dismissed

Consideration 5

Extract:

"The evidence provided by the complainants shows that, at its 136th meeting [in] June 2013 (before these complaints were filed), the Administrative Council decided to forward their requests for review to the President of the Office. Thus, by the time they filed their complaints in July, August and September of that year, there had been a decision on their claim within the meaning of Article VII, paragraph 3, namely to undertake a review, which, according to Tribunal’s well established case law, precludes reliance on that provision (see, for example, Judgment 786, under 5)."

Reference(s)

ILOAT Judgment(s): 786

Keywords

direct appeal to tribunal