Judgment No. 4638

• Organization: European Patent Organisation (EPO)
• Date: 01.02.2023
• Original: French
• Judges: Frydman, Jaumotte, Gascon
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges his appraisal report for 2015.

Judgment keywords

Keywords

performance report; rating; complaint dismissed

Consideration 12

Extract:

[T]he exercise which the complainant invites the Tribunal to carry out with regard to his productivity targets, overall rating, certain allegedly wrong or incorrect figures and, in his view, inappropriate applications of the new method for processing patent applications known as “BEST” (Bringing Examination and Search Together) and the PAX calculation rules is essentially a fresh appraisal of his performance for 2015. However, that misconstrues the Tribunal’s role in this area in view of its limited power of review under its settled case law (see, for example, Judgments 4564, consideration 3, and 3252, consideration 6, also cited in [...] Judgment 4637, consideration 13).

Reference(s)

ILOAT Judgment(s): 3252, 4564, 4637

Keywords

performance report; rating; judicial review; performance evaluation; role of the tribunal