Judgment No. 3813

• Organization: European Patent Organisation (EPO)
• Date: 08.02.2017
• Original: Anglais
• Judges: Rouiller, Frydman, Diakité
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant impugns what he considers to be an implied decision to reject the internal appeal he filed following the rejection of his request for review of the Administrative Council’s decision CA/D 2/15.

Judgment keywords

Keywords

summary procedure; complaint dismissed

Consideration 3

Extract:

The Tribunal’s case law makes it clear that where the Administration takes any action to deal with a claim, by forwarding it to the competent authority for example, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal (see, for example, Judgments 3428, consideration 18, and 3146, consideration 12).

Reference(s)

ILOAT reference: Article VII, paragraph 3, of the Statute
Jugement(s) TAOIT: 3146, 3428

Keywords

direct appeal to tribunal