Judgment No. 2629

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 11.07.2007
• Original: English
• Judges: Gentot, Gaudron, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

1. The Director-General's decision of 15 December 2005 is set aside, as is the decision of 25 April 2005.
2. The OPCW shall pay the complainant the sum of 1,500 euros, together with interest at the rate of 8 per cent per annum from 7 September 2004 until the date of payment.
3. It shall pay the complainant's costs of the proceedings before the Tribunal in the sum of 1,500 euros.

Consideration 6

Extract:

"Ordinarily, there is no decision with respect to matters falling outside normal entitlements until a specific claim is made and either expressly or impliedly accepted or rejected (see Judgment 2538). [...] However, it is well settled that a decision does not require any particular formality and may be constituted by any communication that is reasonably capable of being understood to constitute a decision on the matter (see Judgments 532 and 2573)."

Reference(s)

ILOAT Judgment(s): 532, 2538, 2573

Keywords

decision; express decision; implied decision; formal requirements; condition; definition; refusal; request by a party; right