Judgment No. 762

• Organization: European Patent Organisation (EPO)
• Date: 12.06.1986
• Original: Français
• Judges: Grisel, Ducoux, Douglas
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 1

Extract:

"Before the Tribunal will join two or more complaints, two conditions must be fulfilled. the first is that the substance of the claims must be the same, whatever their wording. The second is that the material facts, viz. those on which the claims rest, should be the same. [...] It is immaterial that the complainants advance more or less different pleas since the content of the pleas lays no constraint on the Tribunal's ruling."

Keywords

complaint; joinder; identical claims; application of law ex officio; condition; definition

Consideration 3

Extract:

"According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE

Keywords

express decision; implied decision; provisional decision; receivability of the complaint; internal remedies exhausted; time limit