Summary procedure (172, 674, 800, 117,-666)
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Keywords: Summary procedure
Total judgments found: 220
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Judgment 3978
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, considering that no final decision has yet been taken on her appeal and that the internal procedure is paralysed, filed a complaint directly with the Tribunal.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3977
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the President’s rejection of his request for review of an Administrative Council’s decision.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3976
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the President’s rejection of his request for review of an Administrative Council’s decision.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3975
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, the successors of a former official of the EPO who passed away, filed a complaint with the Tribunal, considering that there has been an implied decision to reject his internal appeals.
Judgment keywords
Keywords:
complaint dismissed; iloat statute; summary procedure;
Judgment 3974
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that his request for review of a decision of the Administrative Council has been implicitly rejected.
Judgment keywords
Keywords:
complaint dismissed; iloat statute; summary procedure;
Judgment 3973
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was dismissed for misconduct, impugns the Director General’s final decision endorsing the Global Board of Appeal’s recommendation to dismiss his appeal.
Judgment keywords
Keywords:
complaint dismissed; summary procedure; time bar;
Judgment 3957
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges an implied rejection of his request for review of a decision of the Administrative Council by the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3956
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his request for review.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3955
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an implied rejection of his request for review of a decision of the Administrative Council by the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3954
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the Administrative Council to forward his request for review of Administrative Council decisions to the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 3894
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his internal appeal and he bases his complaint on Article VII, paragraph 3, of the Tribunal’s Statute.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 3893
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was suffering from invalidity, impugns the decision to reject his internal appeal against the decision to remit his case to the Medical Committee.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3892
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that no final decision has yet been taken on her internal appeal.
Consideration 4
Extract:
According to firm precedent, a complaint filed directly with the Tribunal is irreceivable unless the complainant shows that the requirement to exhaust internal remedies has had the effect of paralysing the exercise of her or his rights. It is only then that she or he is permitted to come directly to the Tribunal where the competent bodies are not able to determine an internal appeal within a reasonable time, depending on the circumstances (see, for example, Judgment 3558, under 9).
Reference(s)
ILOAT Judgment(s): 3558
Keywords:
exception; failure to exhaust internal remedies; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3891
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
complaint dismissed; correction of complaint; summary procedure; time bar;
Judgment 3890
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his internal appeal.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3889
124th Session, 2017
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what she considers to be an implied rejection of her internal complaint challenging the “negative consequences” of an amendment to a Rule of Application concerning the terms and conditions governing leave.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; summary procedure;
Judgment 3814
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the final decision of the EPO Administrative Council rejecting his request for review of the Council’s decision CA/D 10/14.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3813
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
complaint dismissed; summary procedure;
Judgment 3812
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to eliminate the ceiling on employees’ contributions to sickness insurance.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3811
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a non-active employee of the European Patent Office, impugns the Administrative Council’s rejection of his request for review of the Council’s decision CA/D 2/15 amending the provisions of the Service Regulations for permanent employees relating to sick leave and invalidity.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Considerations 6-7
Extract:
While it is true that the case law does not exclude the possibility of challenging a general decision directly, it draws a distinction between, on the one hand, general decisions setting out the arrangements governing pay and other conditions of service, and, on the other hand, general decisions which do not give rise to implementing decisions and which involve matters of common concern to all staff (see, for example, Judgment 3427). Contrary to the view put forward by the complainant, decision CA/D 2/15 belongs to the former category. Its individual application to the complainant was due to occur in January 2016 and he should have filed a request for management review with the President of the Office against an individual implementing decision.
The complaint is therefore clearly irreceivable as the complainant did not exhaust the internal remedies available to him. It must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.
Reference(s)
ILOAT Judgment(s): 3427
Keywords:
general decision; individual decision; summary procedure;
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