Judgment No. 1832

• Organization: European Patent Organisation (EPO)
• Date: 28.01.1999
• Original: Français
• Judges: Ba, Gentot, Egli
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE IMPUGNED DECISION IS SET ASIDE INSOFAR AS IT RELATES TO THE COMPLAINANT'S CLAIMS CHALLENGING THE REJECTION OF HIS OWN APPLICATION AND THE APPOINTMENT OF MR. DOMENICO VALLE.
2. TO THAT EXTENT THE CASE IS SENT BACK TO THE ADMINISTRATIVE COUNCIL OF THE EPO FOR DECISION.
3. THE ORGANISATION SHALL PAY THE COMPLAINANT 1,000 GERMAN MARKS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 6

Extract:

"A staff member who appeals to the wrong [internal appeals] body does not on that account forfeit the right of appeal. Time and again the Tribunal has held that, though rules of procedure must be strictly complied with, they must be construed with common sense and not set traps for the staff member: see Judgment1734 [and] any penalty for breaking such a rule must be reasonably fitting. [...] When there are two authorities that may be competent it is easy enough for one to forward a misdirected appeal to the other. If the staff member filed it in time, even with the wrong authority, then it will be receivable, and that authority will simply forward it without ado to the other one."

Reference(s)

Jugement(s) TAOIT: 1734

Keywords

procedure before the tribunal; complainant; receivability of the complaint; internal appeals body; competence; internal appeal; right of appeal; time limit; good faith