Judgment No. 4413
1. Judgments 3887 and 3986 are to be interpreted and executed in accordance with considerations 11 and 12 of the judgment.
2. Mr B.’s application for execution is rejected.
3. All other claims are dismissed.
The complainant filed an application for execution of Judgments 3887 and 3986, and the EPO filed an application for interpretation and execution of Judgment 3887, as clarified by Judgment 3986.
application for execution; execution of judgment; application filed by the organisation
The application for interpretation filed by the EPO, as based on the impossibility to execute Judgments 3887 and 3986, raises a threshold issue. The Tribunal finds that the two facts reported above under consideration 7 and proven by the EPO, have rendered impossible the complete execution of the two judgments. In the unusual circumstances of this case, the Tribunal will make no further orders for the execution of Judgments 3887 and 3986. Firstly, forcing Mr B. to undergo a medical examination would impair his fundamental rights to dignity and health. Secondly, the refusal of psychiatric experts to carry out an examination only on the basis of documents was an objective obstacle that made it impossible to fully execute the judgments. Neither of these obstacles can be attributed to the EPO. Accordingly, the Tribunal finds that the EPO could do nothing more to execute the judgments, and Mr B.’s application for execution must be dismissed.
ILOAT Judgment(s): 3887, 3986
application for execution; execution of judgment; medical opinion