Judgment No. 918

• Organization: European Patent Organisation (EPO)
• Date: 08.12.1988
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 9

Extract:

"Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."

Keywords

decision; receivability of the complaint; internal appeal; time limit; start of time limit; time bar; flaw; consequence

Summary

Extract:

The complainant argues that his resignation was merely received, not accepted by the organisation. The Tribunal observes that the terms of the recipient's written response leave no room for doubt: the resignation was well and truly accepted by the organisation.

Keywords

complainant; organisation; offer; resignation; acceptance