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Judgment No. 2572

Decision

The complaint is dismissed.

Considerations 8-9

Extract:

As Article VII(1) of the Statute makes clear, a complaint is only receivable if it impugns a decision. If a claim is made, the failure to respond within a specified time or, if no time is specified, a reasonable time will ordinarily be construed as a decision rejecting that claim. However, not every communication in which a complaint is made about a course of action or inaction constitutes a claim, whether for the purposes of Article VII(3) or otherwise; and if no claim is made, the failure to reply does not constitute a decision.
For a communication to constitute a claim, it must seek a decision on something that can be granted in some meaningful way. [...]

Keywords

receivability of the complaint; harassment



 
Last updated: 27.08.2020 ^ top