Judgment No. 4130

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2019
• Original: French
• Judges: Barbagallo, Frydman, Diakité
• Full judgment text - Full judgment text (french)

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 3970.

Judgment keywords

Keywords

application for review; material error; summary procedure; complaint dismissed

Consideration 3

Extract:

Consistent precedent has it that, pursuant to Article VI of the Statute of the Tribunal, the latter’s judgments are “final and without appeal” and carry the authority of res judicata. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated in Judgments 1178, 1507, 2059, 2158 and 2736, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see, for example, Judgments 3001, consideration 2, 3452, consideration 2, and 3473, consideration 3).

Reference(s)

ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473

Keywords

application for review; admissible grounds for review; inadmissible grounds for review; res judicata