Judgment No. 3433

• Organization: European Patent Organisation (EPO)
• Date: 11.02.2015
• Original: Anglais
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant unsuccessfully impugns the decision to reject his appeals concerning warning letters he received in relation to his staff report.

Judgment keywords

Keywords

failure to exhaust internal remedies; complaint dismissed

Consideration 7

Extract:

"The Tribunal considers that the two warnings are not final decisions adversely affecting the complainant; they must be considered as acts, or steps, of an administrative procedure which could lead to a final decision."

Keywords

absence of final decision; final decision

Consideration 9

Extract:

"“Ordinarily, the process of decision-making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as a part of a challenge to the final decision but they, themselves, cannot be the subject of a complaint to the Tribunal.” (See Judgment 2366, under 16.) Consequently, the complaint is irreceivable in accordance with Article VII, paragraph 1, of the Tribunal’s Statute."

Reference(s)

Jugement(s) TAOIT: 2366

Keywords

absence of final decision; final decision