Judgment No. 4419

• Organization: European Patent Organisation (EPO)
• Date: 07.07.2021
• Original: English
• Judges: Frydman, Barbagallo, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complainants contest the appointment of members of the General Advisory Committee in 2012 and 2013.

Judgment keywords

Keywords

cause of action; consultation; composition of the internal appeals body; complaint dismissed; member of an internal body

Consideration 4

Extract:

In a judgment delivered by the Tribunal on 24 July 2020, Judgment 4322, there was a conclusive determination that staff members in the position of the complainants had no cause of action to challenge, relevantly, the appointment of Vice-Presidents to the GAC (see Judgment 4322, considerations 8 and 9). Indeed the three complainants in the present proceedings were complainants in the proceedings leading to Judgment 4322. The question of whether the complainants had a cause of action was raised by the Tribunal of its own motion notwithstanding it had not been raised by the parties before the Tribunal. It is unnecessary to repeat the analysis of the Tribunal in Judgment 4322. Suffice it to note that there are no material factual or legal differences between the circumstances addressed in that judgment and those of the present case [...].

Reference(s)

ILOAT Judgment(s): 4322

Keywords

cause of action; precedent; composition of the internal appeals body; member of an internal body