Judgment No. 3966
1. The EPO shall pay the complainant 6,000 euros in moral damages.
2. The EPO shall pay the complainant costs in the amount of 3,000 euros.
3. All other claims are dismissed.
The complainant objects to the behaviour of his director which he characterises as harassment.
complaint allowed; harassment
The complainant’s claim for an award of punitive damages for the delay will be dismissed. The Tribunal has stated, for example in Judgment 2935, consideration 5, that an award of punitive damages can be made only in exceptional circumstances, for instance where an organisation’s conduct has been in gross breach of its obligation to act in good faith. There is no evidence that the EPO acted in bad faith with respect to the delay in the internal appeal proceedings. However, the complainant will be awarded moral damages in the amount of 6,000 euros, particularly given the length of the delay and the impact of that delay on him in his personal circumstances.
Jugement(s) TAOIT: 2935
internal appeal; delay; punitive damages; delay in internal procedure