Judgment No. 4722
Decision
1. The complaint is dismissed.
2. The complainant shall pay the EPO costs in the amount of 100 euros within sixty days of the date of the public delivery of this judgment.
Summary
The complainant challenges his appraisal report for 2015.
Judgment keywords
Keywords
cause of action; rating; complaint dismissed
Consideration 5
Extract:
In consideration 8 of Judgment 3739, the Tribunal confirmed its case law which states that, for there to be a cause of action, a complainant must demonstrate that the contested administrative action caused injury to her or his health, finances or otherwise or that it is liable to cause injury. The complainant does not demonstrate that the result of the reporting exercise, which he does not contest, has caused any injury to his health, financially or otherwise, or that it is liable to cause him injury. Accordingly, the complaint is irreceivable and will be dismissed [...].
Reference(s)
ILOAT Judgment(s): 3739
Keywords
cause of action; rating
Consideration 5
Extract:
[T]he complainant’s administrative status, which is the focus of his objection, is res judicata since it has been the subject of a number of internal appeals and complaints he has filed with the Tribunal, some of which have resulted in judgments (see Judgments 4642 and 4640).
Reference(s)
ILOAT Judgment(s): 4640, 4642
Keywords
res judicata
Consideration 6
Extract:
As to the EPO’s counterclaim for costs, the Tribunal is satisfied that a review of the complainant’s pleadings alone reflects a case that obviously had no possibility of success and is frivolous (see Judgment 4025, consideration 11). Accordingly, the Tribunal will order that the complainant pay the EPO the nominal amount of 100 euros in costs within sixty days of the date of the public delivery of this judgment.
Reference(s)
ILOAT Judgment(s): 4025
Keywords
counterclaim
| 
