Summary procedure (172, 674, 800, 117,-666)
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Keywords: Summary procedure
Total judgments found: 213
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Judgment 3956
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his request for review.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3955
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an implied rejection of his request for review of a decision of the Administrative Council by the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3954
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the Administrative Council to forward his request for review of Administrative Council decisions to the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 3894
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his internal appeal and he bases his complaint on Article VII, paragraph 3, of the Tribunal’s Statute.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 3893
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was suffering from invalidity, impugns the decision to reject his internal appeal against the decision to remit his case to the Medical Committee.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3892
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that no final decision has yet been taken on her internal appeal.
Consideration 4
Extract:
According to firm precedent, a complaint filed directly with the Tribunal is irreceivable unless the complainant shows that the requirement to exhaust internal remedies has had the effect of paralysing the exercise of her or his rights. It is only then that she or he is permitted to come directly to the Tribunal where the competent bodies are not able to determine an internal appeal within a reasonable time, depending on the circumstances (see, for example, Judgment 3558, under 9).
Reference(s)
ILOAT Judgment(s): 3558
Keywords:
exception; failure to exhaust internal remedies; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3891
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants impugn the final decision of the EPO Administrative Council rejecting their requests for review of the Council’s decision CA/D 10/14.
Judgment keywords
Keywords:
complaint dismissed; correction of complaint; summary procedure; time bar;
Judgment 3890
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his internal appeal.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3889
124th Session, 2017
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what she considers to be an implied rejection of her internal complaint challenging the “negative consequences” of an amendment to a Rule of Application concerning the terms and conditions governing leave.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; summary procedure;
Judgment 3814
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the final decision of the EPO Administrative Council rejecting his request for review of the Council’s decision CA/D 10/14.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3813
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what he considers to be an implied decision to reject the internal appeal he filed following the rejection of his request for review of the Administrative Council’s decision CA/D 2/15.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3812
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to eliminate the ceiling on employees’ contributions to sickness insurance.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3811
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a non-active employee of the European Patent Office, impugns the Administrative Council’s rejection of his request for review of the Council’s decision CA/D 2/15 amending the provisions of the Service Regulations for permanent employees relating to sick leave and invalidity.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Considerations 6-7
Extract:
While it is true that the case law does not exclude the possibility of challenging a general decision directly, it draws a distinction between, on the one hand, general decisions setting out the arrangements governing pay and other conditions of service, and, on the other hand, general decisions which do not give rise to implementing decisions and which involve matters of common concern to all staff (see, for example, Judgment 3427). Contrary to the view put forward by the complainant, decision CA/D 2/15 belongs to the former category. Its individual application to the complainant was due to occur in January 2016 and he should have filed a request for management review with the President of the Office against an individual implementing decision.
The complaint is therefore clearly irreceivable as the complainant did not exhaust the internal remedies available to him. It must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.
Reference(s)
ILOAT Judgment(s): 3427
Keywords:
general decision; individual decision; summary procedure;
Judgment 3810
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the European Patent Office, challenges the decision to eliminate the ceiling on employees’ contributions to sickness insurance.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3809
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his appeal against a decision of the Administrative Council.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3808
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer the obligation to fund the tax adjustment paid to EPO pensioners from the Member States to the EPO.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3807
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer the obligation to fund the tax adjustment paid to EPO pensioners from the Member States to the EPO.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3806
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his appeal against a warning letter concerning his performance and the subsequent confirmation of that warning.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3805
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the final decision of the EPO Administrative Council rejecting his request for review of the Council's decision CA/D 10/14.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3804
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the final decision of the EPO Administrative Council rejecting her request for review of the Council’s decision CA/D 10/14.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
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