Judgment No. 4628

• Organization: European Patent Organisation (EPO)
• Date: 01.02.2023
• Original: English
• Judges: Moore, Frydman, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. The complaints are dismissed.
2. The applications to intervene are dismissed.

Summary

The complainants challenge the decision to accept only part of the recommendations of the Appeals Committee on their appeals against the postponement of a strike ballot by the President of the European Patent Office.

Judgment keywords

Keywords

intervention; amicus curiae; claim moot; complaint dismissed

Consideration 1

Extract:

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.

Keywords

intervention

Consideration 2

Extract:

It is tolerably clear from the complainants’ final comments that they do not now seek, for themselves, any relief arising from their complaints (and none is identified) subject to pleas concerning Mr F,’s claim in his capacity as a staff representative. But his claim, in this respect, for a nominal amount of damages of one euro, is not maintainable (see Judgment 4550, consideration 20). Accordingly, the appropriate order to make is to dismiss the complaints.

Reference(s)

ILOAT Judgment(s): 4550

Keywords

claim moot