Judgment No. 879

• Organization: European Patent Organisation (EPO)
• Date: 30.06.1988
• Original: Français
• Judges: Ducoux, Carroll, Pescatore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Considerations 13-14

Extract:

"The res judicata rule applies to an intervener because by the very act of intervening he espouses the complainant's case. It is true that there are some arguments which he puts forward again and which those judgments did not address. But that does not mean that the conditions [...] for applying the res judicata rule are not met: between this case and the earlier ones there is identity in the parties, in the purpose of the suit and in the cause of action."

Keywords

intervention; receivability of the complaint; res judicata; same cause of action; same parties; same purpose; consequence; effect