Judgment No. 259
THE COMPLAINT IS DISMISSED.
The decision in question, which merely upheld an earlier decision, could "not give rise to new time limits for the lodging of an appeal by the complainant."
decision; confirmatory decision; receivability of the complaint; internal appeal; time limit; new time limit; time bar
Under the applicable provision, the complainant had a period of six weeks in which to appeal against the decision which he regarded as detrimental. "No appeal having been lodged within that period, the decision had [...] become final [...] when the complainant asked for review of his case. The Secretary-General and subsequently the Appeal Board therefore acted lawfully in dismissing the request on that ground." No exceptional circumstances warranted a derogation from the prescribed time limits.
decision; receivability of the complaint; internal appeal; time limit; mandatory time limit; time bar