Art. 23 1/15, Art. 23 2/15 and Art. 23 1/16
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Art. 23 1/15 (also referred to as G 2301/15[1]), Art. 23 2/15 (also referred to as G 2302/15[2]) and Art. 23 1/16 (also referred to as G 2301/16[3]) are three related cases decided by the Enlarged Board of Appeal of the European Patent Office concerning the removal from office of Patrick Corcoran, a member of the Boards of Appeal, who had been previously suspended by the Administrative Council of the European Patent Organisation. According to Article 23(1) EPC, members of the Boards of Appeal may only be removed from office by the Administrative Council on a proposal from the Enlarged Board of Appeal. Two cases were successively initiated by the Administrative Council, but the Enlarged Board eventually dismissed both of them.[1][2][4] In the third case initiated by the Administrative Council, the Enlarged Board decided not to propose the removal from office of Corcoran.[3][4]
Art. 23 1/15 | |
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Submitted 31 June 2015 Decided 17 September 2015 | |
Full case name | Administrative Council v. Respondent |
Case | Art. 23 1/15 (also referred to as: G 2301/15[1]) |
ECLI | ECLI:EP:BA:2015:G230115.20150917 |
Chamber | Enlarged Board of Appeal |
Language of proceedings | English |
Ruling | |
Request for a proposal of removal from Office: "Article 12a(5) RPEBA requires that the request under Article 12a(1) RPEBA specify individual incidents and the evidence for them, and give reasons why they constitute a serious ground within the meaning of Article 23(1) EPC." | |
Court composition | |
President I. Beckedorf | |
Judges
| |
Art. 23 2/15 | |
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Submitted 26 October 2015 Decided 11 February 2016 | |
Full case name | Administrative Council v. Respondent |
Case | Art. 23 2/15 (also referred to as: G 2302/15[2]) |
ECLI | ECLI:EP:BA:2016:G230215.20160211 |
Chamber | Enlarged Board of Appeal |
Language of proceedings | English |
Ruling | |
Request for a proposal of removal from Office: "Case terminated by withdrawal of the request from the Administrative Council. Reimbursement of all respondent's procedural costs proposed, as well as publication" | |
Court composition | |
President M.-B. Tardo-Dino | |
Judges
| |
Art. 23 1/16 | |
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Submitted 11 February 2016 Decided 14 June 2016 | |
Full case name | Administrative Council v. Respondent |
Case | Art. 23 1/16 (also referred to as: G 2301/16[3]) |
ECLI | ECLI:EP:BA:2016:G230116.20160614 |
Chamber | Enlarged Board of Appeal |
Language of proceedings | English |
Ruling | |
Request for a proposal of removal from Office: "Decision not to propose removal from office after threat by president of the European Patent Office to the Enlarged Board of Appeal; which the Administrative Council did not sufficiently distance itself of." | |
Court composition | |
President M.-B. Tardo-Dino | |
Judges
| |