Judgment No. 764

• Organization: European Patent Organisation (EPO)
• Date: 12.06.1986
• Original: French
• Judges: Ducoux, Gros Espiell, Grisel
• Full judgment text - Full judgment text (french)

Decision

1. THE APPLICATIONS TO INTERVENE ARE ADMISSIBLE.
2. THE TRIBUNAL NEED NOT RULE ON THE COMPLAINANT'S AND THE INTERVENERS' CLAIM TO THE QUASHING OF THE PRESIDENT'S DECISION OF 10 APRIL 1985.
3. THE EPO SHALL PAY THE COMPLAINANT 1,000 GUILDERS IN COSTS.
4. THE OTHER CLAIMS IN THE COMPLAINT AND IN THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 4

Extract:

"A decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury. One that has no effect on his position is not, for example an act which is not operative but a mere declaration of intent."

Keywords

complaint; statement of intent; injury; lack of injury; receivability of the complaint; cause of action; no cause of action

Summary

Extract:

The complainant, who is challenging the reckoning of amounts docked from his salary for strike action, obtained satisfaction after he had filed the complaint. His complaint is now without substance. Inasmuch as there were grounds for him to come before the Tribunal at the time of filing, the complainant is entitled to costs.

Keywords

cause of action; no cause of action; settlement out of court; exception; costs; case pending