Judgment No. 846

• Organization: European Patent Organisation (EPO)
• Date: 10.12.1987
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

"The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."

Keywords

complaint; new claim; receivability of the complaint; internal remedies exhausted

Consideration 7

Extract:

The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."

Keywords

statement of intent; cause of action; no cause of action; settlement out of court; disciplinary measure; censure; application for quashing