Judgment No. 3511

• Organization: European Patent Organisation (EPO)
• Date: 30.06.2015
• Original: Anglais
• Judges: Barbagallo, Hansen, Moore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant contests the third version of his staff report for 2002-2003.

Judgment keywords

Keywords

report; performance evaluation; complaint dismissed

Consideration 4

Extract:

"Given that the complainant does not raise any new arguments which could be seen to vitiate the Tribunal’s decision in Judgment 3249, the Tribunal concludes that this complaint should be dismissed in application of the principle of res judicata. “[T]he principle of ‘[r]es judicata operates to bar a subsequent proceeding if the issue submitted for decision in that proceeding has already been the subject of a final and binding decision as to the rights and liabilities of the parties in that regard’. The principle applies when the parties, the purpose of the suit and the cause of action are the same as in the earlier case (see Judgments 1216, under 3, and 1263, under 4).” (See Judgment 2993, under 6, reiterated in Judgment 3248, under 3.)"

Reference(s)

Jugement(s) TAOIT: 1216, 1263, 2993, 3248, 3249

Keywords

res judicata