Judgment No. 4417
The complaints are dismissed, as are the EPO’s counterclaims for costs.
The complainant contests instructions she received concerning patent applications.
cause of action; administrative decision; complaint dismissed
Inasmuch as these complaints raise the same central issue for determination, the Tribunal joins them to be the subject of a single judgment.
The complainant’s request for oral proceedings is rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties provide.
In consideration 11 of Judgment 3053, the Tribunal held, among other things, that decisions with respect to the law and/or procedures applicable to patent applications do not “adversely affect” staff members and, thus, cannot be the subject of an internal appeal. In short, such decisions are not appealable and do not create a cause of action. The Tribunal also held, in consideration 10 of Judgment 3053, that proposals and/or decisions relating to the law and/or procedures applicable to patent applications do not directly affect the relationship of staff members with the Organisation, although, as recognised in Judgment 2874, decisions or proposals as to the implementation of changes to the law and/or procedures may well do so.
The Tribunal does not see any reason to depart from the conclusions stated in the foregoing consideration.
ILOAT Judgment(s): 2874, 3053
cause of action; administrative decision
[A]s there was no abuse of process, the EPO’s counterclaims for costs will be dismissed.