Judgment No. 725

• Organization: European Patent Organisation (EPO)
• Date: 17.03.1986
• Original: Français
• Judges: Grisel, Ducoux, Razafindralambo
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

The complainant impugns a decision of the President approving his performance report for 1980 and 1981. Because the complainant failed to exhaust the internal means of redress by awaiting the report of the Appeals Committee and the President's final decision before filing his complaint, the complaint is irreceivable.

Keywords

absence of final decision; receivability of the complaint; internal remedies exhausted; performance report

Consideration 4

Extract:

The general rule is that identical claims may not be submitted to two different bodies. At the date of filing these claims were before the internal appeals body and they are therefore irreceivable. Nor may the same claims be twice submitted to the same instance.

Keywords

identical claims; receivability of the complaint; res judicata; parallel proceedings