Judgment No. 1978

• Organization: European Patent Organisation (EPO)
• Date: 12.07.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE APPLICATIONS ARE DISMISSED.

Consideration 3

Extract:

"The case law has it that the exhaustion of all internal remedies is not necessary before filing an application for execution. However, the possibility of direct recourse to the Tribunal does not exclude first lodging an internal appeal (see Judgment 1887, [...] under 5, and the case law cited therein)."

Reference(s)

ILOAT Judgment(s): 1887

Keywords

application for execution; direct appeal to tribunal; internal appeal; internal remedies exhausted; case law

Consideration 4

Extract:

"An application for execution may only address issues covered by the initial judgment, which carries the authority of res judicata (see Judgment 1887 [...] under 8)."

Reference(s)

ILOAT Judgment(s): 1887

Keywords

application for execution; res judicata; same cause of action; general principle