Judgment No. 3525

• Organization: European Patent Organisation (EPO)
• Date: 30.06.2015
• Original: English
• Judges: Barbagallo, Frydman, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed, as is the EPO’s counterclaim.

Summary

The complainant challenges statements made by the EPO in its surrejoinder to his second complaint which led to Judgment 3146.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3146

Keywords

procedure before the tribunal; joinder; surrejoinder; complaint dismissed

Consideration 6

Extract:

A complainant must apply for permission to submit additional comments in the proceedings dealing with her or his complaint, if she or he has reasonable grounds to object to the comments made by the organisation in its surrejoinder. Statements which are made in the context of complaint proceedings before the Tribunal are not decisions within the meaning of Article 106 of the Service Regulations and are thus not challengeable in separate complaint proceedings, nor do they fit strictly within the requirements of Article II of the Tribunal’s Statute.

Keywords

further submissions