Judgment No. 4389
The complaint is dismissed, as is the EPO’s counterclaim.
The complainant challenges the decision not to reimburse in full the costs he incurred in the internal appeal proceedings.
costs for internal appeal procedure; complaint dismissed
It is well settled in the case law that the Tribunal will only set aside a discretionary decision if it was taken without authority, or if it was tainted with a procedural or formal flaw or based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 1969, consideration 7, 2896, consideration 7, and 3317, consideration 5). Thus, to successfully impugn a discretionary decision, a complainant must demonstrate a fundamental flaw in the decision-making process.
ILOAT Judgment(s): 1969, 2896, 3317
The EPO’s counterclaim for costs in the amount of 500 euros is rejected as the complaint is neither abusive nor vexatious (see, for example, Judgment 3679, consideration 20).
ILOAT Judgment(s): 3679