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Judgment No. 3152

Decision

1. IFAD shall pay the complainant interest at an annual rate of 8 per cent on the moral damages and costs awarded in Judgment 2867, that is to say on a total amount of 15,000 euros, for the period from 7 March 2010 to 9 February 2012.
2. The Fund shall pay the complainant interest at an annual rate of 8 per cent on the costs awarded in Judgment 3003, that is to say on a sum of 4,000 euros, for the period from 7 August 2011 to 9 February 2012.
3. It shall pay the complainant moral damages in the amount of 50,000 euros.
4. If the Fund does not settle the full amount of the awards referred to in paragraphs 1 to 4 above within 30 days of the delivery of this judgment, it shall pay the complainant a penalty of 25,000 euros for each month's delay.

Summary

The complainant applies for execution of Judgments 2867 and 3003.

Consideration 11

Extract:

The Tribunal recalls that, "according to the provisions of Article VI of its Statute, its judgments are “final and without appeal”, and they are therefore “immediately operative”, as its earliest case law established (see, in particular, Judgment 82, under 6). The Tribunal subsequently noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority [...]. For this reason, international organisations which have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see [...] Judgments 553 and 1328, or Judgment 1338, under 11). Lastly, there is no provision in the Statute or the Rules of the Tribunal stipulating that, notwithstanding these principles, the submission of an application for an advisory opinion to the International Court of Justice under [...] Article XII has the effect of staying the execution of the impugned judgment pending the rendering of that opinion."

Reference(s)

ILOAT reference: Articles VI and XII of the Statute of the Tribunal
ILOAT Judgment(s): 82, 553, 1328, 1338

Keywords

application for execution; finality of judgment; complaint allowed; decision; icj; res judicata; competence of tribunal; exception; judgment of the tribunal; execution of judgment; suspensory effects; organisation's duties; declaration of recognition; iloat statute; no provision; advisory opinion; consequence; request by a party

Consideration 26

Extract:

"The Tribunal, which has the power to take such measures as may be necessary to ensure that its judgments are executed, may, if it considers it appropriate, order the payment of a penalty for default (see, for example, Judgments 1620, under 10, or 2806, under 11). In the present case, the patent lack of goodwill demonstrated by [the organisation] to date with regard to honouring its obligation to pay the awards made against it justifies the imposition of a penalty, as requested by the complainant, of 25,000 euros for each month's delay in the settlement of the awards made in this judgment."

Reference(s)

ILOAT Judgment(s): 1620, 2806

Keywords

application for execution; complaint allowed; delay; judgment of the tribunal; formal demand for payment; iloat; execution of judgment; organisation's duties; continuing breach



 
Last updated: 28.10.2015 ^ top