Judgment No. 887

• Organization: European Patent Organisation (EPO)
• Date: 30.06.1988
• Original: French
• Judges: Ducoux, Carroll, Pescatore
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations 8-9

Extract:

Certainty of the position in law requires the complainant to state clearly what it is he wants. The Tribunal observes that in both his internal appeal and the present complaint, the complainant has failed to indicate the specific documents or type of document he wished to have included in his personal file. Nor has he made clear the reasons for his action. In the present state of the dossier, his complaint is an abuse of the right of appeal under the Statute of the Tribunal.

Keywords

complaint; vague claim; receivability of the complaint; cause of action; no cause of action; vexatious complaint; personal file; elements

Considerations 7-8

Extract:

"Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."

Keywords

complaint; decision; implied decision; failure to answer claim; receivability of the complaint; internal appeal; internal remedies exhausted; condition