Judgment No. 4805

• Organization: European Patent Organisation (EPO)
• Date: 31.01.2024
• Original: Anglais
• Judges: Moore, De Nictolis, Shen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed, as is the EPO’s counterclaim for costs.

Summary

The complainant contests Circular No. 359 on the European Patent Office closure policy in 2015.

Judgment keywords

Keywords

general decision; complaint dismissed

Consideration 3

Extract:

In his pleas before the Tribunal, the complainant makes no attempt to establish even an arguable case that this general decision either negatively impacted on him immediately or this was likely (Judgment 4119, consideration 4). In the absence of any argument which might persuade the Tribunal that this essential foundation of his case was even arguably correct, it is not open to the complainant to immediately develop lengthy arguments about the abolition of the [General Advisory Committee], the composition of the General Consultative Committee […] and whether consultation occurred or was necessary, and additionally challenge the internal appeal process. These last-mentioned matters are without purpose in the absence of any case concerning the lawfulness of the content of the Circular.

Reference(s)

Jugement(s) TAOIT: 4119

Keywords

general decision; individual decision; receivability of the complaint; cause of action