Judgment No. 4717

• Organization: European Patent Organisation (EPO)
• Date: 07.07.2023
• Original: Anglais
• Judges: Moore, Rawlins, Gascon
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The complaint is dismissed.
2. The complainant shall pay the EPO costs in the amount of 100 euros within sixty days of the date of the public delivery of this judgment.

Summary

The complainant challenges his staff report for 2014.

Judgment keywords

Keywords

performance report; rating; complaint dismissed

Consideration 3

Extract:

In consideration 8 of Judgment 3739, the Tribunal confirmed its case law which states that, for there to be a cause of action, a complainant must demonstrate that the contested administrative action caused injury to her or his health, finances or otherwise or that it is liable to cause injury. The complainant does not demonstrate that the result of that reporting exercise, which he does not contest, has caused any injury to his health, financially or otherwise, or that it is liable to cause him injury.

Reference(s)

Jugement(s) TAOIT: 3739

Keywords

cause of action; rating

Consideration 3

Extract:

[T]he complainant’s administrative status, which is the focus of his objection, is res judicata since it has been the subject of a number of internal appeals and complaints he has filed with the Tribunal, some of which have resulted in judgments (see Judgments 4642 and 4640).

Reference(s)

Jugement(s) TAOIT: 4640, 4642

Keywords

res judicata

Consideration 4

Extract:

As to the EPO’s counterclaim for costs, the Tribunal is satisfied that a review of the complainant’s pleadings alone reflects a case that obviously had no possibility of success and is frivolous (see Judgment 4025, consideration 11). Accordingly, the Tribunal will order that the complainant pay the EPO the nominal amount of 100 euros in costs within sixty days of the date of the public delivery of this judgment.

Reference(s)

Jugement(s) TAOIT: 4025

Keywords

counterclaim