Judgment No. 3559

• Organization: European Patent Organisation (EPO)
• Date: 30.06.2015
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

As the complaint is time-barred and therefore clearly irreceivable, it is summarily dismissed.

Judgment keywords

Keywords

time bar; summary procedure; complaint dismissed

Consideration 3

Extract:

"Article VII, paragraph 2, of the Tribunal’s Statute provides that “[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned”. It is not within the competence of the Tribunal to extend this period of time set forth by the Statute. As the Tribunal has repeatedly stated, this time limit is an objective matter of fact and the Tribunal will not entertain a complaint filed after it has expired. Any other conclusion, even if founded on considerations of equity would impair the necessary stability of the parties’ legal relations, which is the very justification for the time bar. The ninety-day period begins to run on the day following the date of notification of the impugned decision. Where the ninetieth day falls on a public holiday, the period is extended until the next business day (see Judgments 2250, under 8, 3393, under 1, and 3467, under 2)."

Reference(s)

ILOAT Judgment(s): 2250, 3393, 3467

Keywords

time bar