Judgment No. 801

• Organization: European Patent Organisation (EPO)
• Date: 13.03.1987
• Original: English
• Judges: Ducoux, Suffian, Grisel
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 8

Extract:

"The invitation to the complainant to submit observations does not constitute a challengeable decision: the letter merely states the intention of imposing a reprimand."

Keywords

statement of intent; receivability of the complaint; cause of action; no cause of action; censure

Consideration 1

Extract:

"The complainant raises a preliminary objection to the authorisation the President of the Tribunal granted to the EPO to confine its reply to the issue of receivability. The plea fails because the President takes such a decision by virtue of his general authority to regulate proceedings before the Tribunal. Besides, the Tribunal may alter his decision at any time. There is therefore no reason why, as the complainant asks, the President should withdraw from the case."

Keywords

competence; president of the tribunal; reply confined to receivability

Consideration 11

Extract:

The complainant's claims to "effective measures preventing further persecution" and recognition of his right to go back to his post in The Hague are irreceivable because he is not challenging any decision adversely affecting him.

Keywords

claim; receivability of the complaint; cause of action; no cause of action