G 2301/16 (Request for a proposal of removal from office) of 14.06.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:G230116.20160614
- Date of decision
- 14 June 2016
- Case number
- G 2301/16
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Administrative Council of the European Patent Organisation
- Opponent name
- -
- Board
- -
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 23(1) 1973European Patent Convention Art 23(3) 1973Rules of procedure of the Enlarged Board of Appeal Art 12a(10)Rules of procedure of the Enlarged Board of Appeal Art 12a(9)Rules of procedure of the Enlarged Board of Appeal Art 18(3)
- 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 Presidents letter of 10 June 2016 (yes) - Catchword
- 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 Presidents position, there is the threat of disciplinary measures against the members of the Enlarged Board. It is then the Enlarged Boards judicial independence in deciding on this case which is fundamentally denied.
- Cited cases
- -
- Citing cases
- G 0003/19
ORDER
For these reasons it is decided that:
1. The Enlarged Board of Appeal does not make a proposal for removal from office of the Respondent.
2. Reimbursement of all costs incurred by the Respondent in the present proceedings before the Enlarged Board of Appeal is proposed.
3. The decision in case Art. 23 1/16 is to be published.