Judgment No. 658

• Organization: European Patent Organisation (EPO)
• Date: 18.03.1985
• Original: French
• Judges: Grisel, Ducoux, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

THE APPLICATION IS DISMISSED.

Considerations

Extract:

"The construction which the Tribunal put on [the provision] is an issue of law. An appraisal of the facts which is based on legal reasoning does not afford grounds for review. In any event the Tribunal's reasoning on the issue did not afford the basis for its decision to dismiss the complaint, as indeed is clear from the inclusion of the words 'en outre' in the authentic text."

Reference(s)

ILOAT Judgment(s): 617

Keywords

application for review; interpretation; mistake of law

Considerations

Extract:

"The Tribunal's judgments are subject to review only in exceptional cases. Failure to take account of a specific fact, a material error, failure to rule on a claim or the discovery of a new fact may be treated as admissible grounds for review; but an error of law, misappraisal of evidence, failure to take account of evidence and failure to answer a plea may not."

Keywords

application for review; admissible grounds for review; inadmissible grounds for review