| European Case Law Identifier: | ECLI:EP:BA:2016:G230116.20160614 | ||||||||
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| Date of decision: | 14 June 2016 | ||||||||
| Case number: | G 2301/16 | ||||||||
| Application number: | - | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Administrative Council of the European Patent Organisation | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Decision on the request of the Administrative Council under Article 23(1) EPC to make a proposal to remove the respondent from office: The Enlarged Board decides to make no proposal Petitioner party to adversarial proceedings (yes) Publication (yes) Reimbursement of all the respondent's procedural costs proposed Violation of Article 23(3) EPC, judicial independence, by Office PresidentÂs letter of 10 June 2016 (yes) |
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| Catchwords: |
For the Enlarged Board to be able to continue with these proceedings the position of the Petitioner would have to be that it did not agree with the Office President and acknowledged that, from an institutional point of view, the pressure exercised by the Office President in the present case was incompatible with the judicial independence of the Enlarged Board guaranteed by the EPC. As the Petitioner did not clearly distance itself from the Office PresidentÂs position, there is the threat of disciplinary measures against the members of the Enlarged Board. It is then the Enlarged BoardÂs judicial independence in deciding on this case which is fundamentally denied. |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g162301eu1.html
Date retrieved: 17 May 2021