Judgment No. 3891

• Organization: European Patent Organisation (EPO)
• Date: 28.06.2017
• Original: English
• Judges: Rouiller, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complainants impugn the final decision of the EPO Administrative Council rejecting their requests for review of the Council’s decision CA/D 10/14.

Judgment keywords

Keywords

correction of complaint; time bar; summary procedure; complaint dismissed

Considerations 3 and 4

Extract:

The complaints were filed within the time frame set forth by Article VII, paragraph 2, of the Statute of the Tribunal, but required some correction. The Registrar called upon the complainants to correct them within a period of time set in accordance with Article 6, paragraph 2, of the Rules. However, the complainants missed the deadline for corrections and filed their submissions late without any explanation. They did not avail themselves of the possibility of requesting an extension of the time limit for the corrections.
As the Tribunal stated in Judgment 3556, under 7, “[u]nless the complaint is corrected (that is, rendered conformable with the Rules) within the extended period [...] notified by the Registrar, then it remains deficient”.

Reference(s)

ILOAT reference: Article VII, paragraph 2, of the Statute ; Article 6, paragraph 2, of the Rules
ILOAT Judgment(s): 3556

Keywords

correction of complaint; time bar