Jugement n° 4797
Décision
The complaints are dismissed, as is the counterclaim for costs.
Synthèse
The complainants challenge the modifications made to the procedure for examining patent applications and contest the validity of the internal appeal proceedings.
Mots-clés du jugement
Mots-clés
Syndicat du personnel; Consultation; Requête rejetée
Considérant 9
Extrait:
While it is true the [Practice and Procedure Notice 03/11 (PPN 03/11)] concerns the procedures applicable to patent applications, it nonetheless directed, as the Tribunal apprehends it, that the primary examiner identifies and, it appears, records “the three names of the members of the future Examining Division” and “consult [with] the future members, in order to ensure that the others share his preliminary opinion”. At least in this respect, the Notice concerned the work to be performed and the way it was performed as comprehended by the observations of the Tribunal in Judgment 3053 […]. Accordingly, the [General Advisory Committee] should, on a possible very wide reading of Article 38(3) of the Service Regulations, have been consulted.
Mots-clés
Syndicat du personnel; Consultation
Considérant 10
Extrait:
Cases arise in the Tribunal where the defendant organisation has failed to consult a person or a body, which should have been consulted under the relevant rules, and the Tribunal may make orders which require that consultation take place and the Tribunal may also set aside the decision made without consultation (see, for example, Judgment 4230). But setting aside the decision is not an inevitable outcome following a conclusion that consultation should have, but did not, take place.
Référence(s)
Jugement(s) TAOIT: 4230
Mots-clés
Compétence du Tribunal; Statut du TAOIT; Consultation; Réparation
Considérant 11
Extrait:
In the present case, the failure to consult the GAC occurred over a decade ago. Indeed, as noted earlier, the GAC was abolished in 2014, almost a decade ago. It cannot now be consulted. There is a suggestion in the pleas of both the complainants and the EPO that the Notice is no longer in force. If so, this would be relevant and militate strongly against granting relief based on the failure to consult. But even if it is in force, it is not apparent to the Tribunal that the Notice’s continued implementation would cause any real prejudice or injury to the complainants or the staff of the Office more generally. In these circumstances, it is clearly not advisable to rescind the decision adopting and promulgating the Notice notwithstanding the failure to consult the GAC. However, while Article VIII of the Tribunal’s Statute contemplates the awarding of compensation there should be none in the present case. That is because a staff representative, bringing proceedings in that capacity, is not entitled to an award of moral damages (see Judgment 4575, consideration 9).
Référence(s)
Jugement(s) TAOIT: 4575
Mots-clés
Compétence du Tribunal; Statut du TAOIT; Consultation; Réparation
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