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Judgment No. 3527


1. The EPO shall pay the complainant moral damages in the amount of 250 euros.
2. It shall pay him costs in the amount of 200 euros.
3. All other claims are dismissed.


The complainant challenges the EPO’s refusal to award him moral damages on account of the length of the internal appeal proceedings.

Judgment keywords


procedure before the tribunal; complaint allowed; moral injury; internal appeal

Consideration 4


It is not in doubt that the President of the EPO may delegate his authority to other officials. However, and as pointed out in Judgment 2028, under 8(3), “when a complainant calls for proof that power has in fact been delegated to a specific person, it is a matter for the Organisation to produce such proof” (see also Judgments 3071, under 27, and 2558, under 4(a)). In the present case, the EPO did provide proof to the complainant of the delegation of power, his plea is therefore unfounded in this regard.


ILOAT Judgment(s): 2028, 2558, 3071


delegated authority

Last updated: 22.09.2021 ^ top