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Judgment No. 4627


1. The complaint is dismissed.
2. The twelve applications to intervene are dismissed.


The complainant challenges the decision to accept only part of the recommendations of the Appeals Committee on his appeal against the postponement of a strike ballot by the President of the European Patent Office.

Judgment keywords


intervention; claim moot; complaint dismissed

Consideration 1


In proceedings brought by a complainant in which one or several individuals apply to intervene, the complainant has no legal or other relevant interest in the applications to intervene. In contrast, the defendant organisation does have such an interest as successful applications to intervene can multiply both the legal and practical effect of a judgment in favour of the complainant.



Consideration 2


[T]he complainant was invited to withdraw his complaint having regard to steps the EPO had taken to implement, in relation to him, judgments concerning actual or proposed strike action of EPO staff. […] In his letter […], the complainant says that the “only remaining point [is] [...] the claims of the interveners”. It is tolerably clear from the letter that he does not now seek, for himself, any relief arising from his complaint. None is identified. Accordingly, the appropriate order to make is to dismiss the complaint.


claim moot

Last updated: 08.03.2023 ^ top