Judgment No. 4805
Decision
The complaint is dismissed, as is the EPO’s counterclaim for costs.
Summary
The complainant contests Circular No. 359 on the European Patent Office closure policy in 2015.
Judgment keywords
Keywords
general decision; complaint dismissed
Consideration 3
Extract:
In his pleas before the Tribunal, the complainant makes no attempt to establish even an arguable case that this general decision either negatively impacted on him immediately or this was likely (Judgment 4119, consideration 4). In the absence of any argument which might persuade the Tribunal that this essential foundation of his case was even arguably correct, it is not open to the complainant to immediately develop lengthy arguments about the abolition of the [General Advisory Committee], the composition of the General Consultative Committee […] and whether consultation occurred or was necessary, and additionally challenge the internal appeal process. These last-mentioned matters are without purpose in the absence of any case concerning the lawfulness of the content of the Circular.
Reference(s)
ILOAT Judgment(s): 4119
Keywords
general decision; individual decision; receivability of the complaint; cause of action
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