Judgment No. 973

• Organization: European Patent Organisation (EPO)
• Date: 27.06.1989
• Original: Anglais
• Judges: Ducoux, Carroll, Razafindralambo
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

"The case-law has laid down several principles in the matter of staff reports. First, the person approving the report will allow the reporting officer great freedom of expression. Secondly, the staff member's own comments may serve to remedy any error of judgment there may have been. Thirdly, it would be wrong to approve a report (a) if the reporting officer had made an obvious mistake of fact over some important point, (b) if he had neglected some essential fact, (c) if he had been grossly inconsistent or (d) if he could be shown to have been prejudiced."

Keywords

performance report; rebuttal; discretion