Judgment No. 1443
THE COMPLAINT AND THE APPLICATION TO INTERVENE ARE DISMISSED.
"Some of the complainant's [...] procedural and substantive objections [rely on] claims and pleas [presented by] other staff whose appeals also went to the Appeals Committee. As the EPO [correctly] observes, the material issues of this complaint are [limited to] the decision he was challenging in his internal appeal."
complaint; claim; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted
"The complainant may not put wider claims to the Tribunal than in the internal appeal".
complaint; claim; new claim; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted
"The organisation asks the Tribunal to declare his complaint to be an obvious abuse of the right to appeal, though it does not make any formal counterclaim. The EPO is mistaken. All that the complainant did was exercise his right to appeal; [the rule under challenge was] so vague as to prompt many internal appeals, and, however they fared, they were quite understandable."
right of appeal; vexatious complaint; counterclaim; criteria