Judgment No. 2211
Decision
1. THE COMPLAINTS ARE DISMISSED AS AN ABUSE OF PROCESS.
2. THE COMPLAINANT SHALL PAY THE EPO THE SUM OF 100 EUROS IN COSTS.
Consideration 8
Extract:
Having made reference to what it declared in Judgment 1884, under 8 and 9, the Tribunal states: "The Tribunal will not, of course, impose costs penalties in every case in which a persistent litigant [...] loses, for some disputes will no doubt be at least arguable. But where, as in the present case, a complainant has actually had success before the Tribunal [...] and nonetheless refuses to accept the limitations which such success imposes, that complainant may expect to have cost consequences. Because this is the first time the Tribunal has had to act against the present complainant, the costs awarded to the organisation will be relatively nominal, but that will not necessarily be the case in the future. The Tribunal will order the complainant to pay the [organisation] the sum of 100 euros in costs. The [organisation] may recover the award by withholding it from any amounts due to the complainant now or in the future."
Reference(s)
Jugement(s) TAOIT: 1884
Keywords
complaint; res judicata; vexatious complaint; costs; counterclaim; case law
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