Judgment No. 1244

• Organization: European Patent Organisation (EPO)
• Date: 10.02.1993
• Original: Anglais
• Judges: Ruda, Pescatore, Gentot
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."

Reference(s)

ILOAT reference: ARTICLE VII(1) OF THE STATUTE

Keywords

procedure before the tribunal; complaint; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; tribunal; case law; due process; iloat statute; staff regulations and rules

Consideration 3

Extract:

"As the Tribunal held in Judgment 532 [...], under 3, a decision is 'any action by an officer of the organization which has a legal effect'."

Reference(s)

Jugement(s) TAOIT: 532

Keywords

decision; case law; decision-maker; definition