Judgment No. 3715

• Organization: European Patent Organisation (EPO)
• Date: 06.07.2016
• Original: English
• Judges: Rouiller, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaint is summarily dismissed.

Summary

The complainant impugns the implied decision to reject his appeal challenging the fact that he was not granted a step advancement.

Judgment keywords

Keywords

direct appeal to tribunal; internal remedies exhausted; summary procedure; complaint dismissed

Consideration 4

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 internal appeal body 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 Judgment(s): 3146, 3428

Keywords

direct appeal to tribunal