Equality of arms (933,-666)

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Keywords: Equality of arms
Total judgments found: 1

• Judgment 4397

  
  131st Session, 2021
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to transfer her.

  Consideration 9

  Extract:

  The complainant asserts that the internal appeal procedure was procedurally flawed as the principle of equality of arms was not respected when the presiding member of the Appeals Committee chamber refused to postpone the hearing as a “purely arbitrary measure”. This assertion is unfounded. […] By letter of 18 May 2018, the Appeals Committee’s Secretariat informed the complainant’s attorney that the hearing was scheduled for 11 June 2018. On 22 May the complainant’s attorney requested to postpone the hearing due to the fact that she would be away on vacation […]. The presiding member of the chamber decided to maintain the hearing as it could not be postponed for other than compelling reasons. […] The finding that a vacation was not considered to be a compelling reason warranting postponement of the hearing, in the present case, cannot be considered unreasonable nor arbitrary.

  Keywords:

  equality of arms; internal appeal; internal appeals body;