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Judgment No. 3556

Decision

The complaint is dismissed.

Summary

As the complaint is out of time, it is summarily dismissed.

Judgment keywords

Keywords

time bar; summary procedure

Consideration 7

Extract:

"The legal effect of a request by the Registrar under Article 6(2) of the Tribunalís Rules is to extend the period in which a complainant can correct a complaint (which is only a complaint in form but not in substance) that, though filed in time, did not comply with the Tribunalís Rules and, in particular, Article 6(1). Unless the complaint is corrected (that is, rendered conformable with the Rules) within the extended period or any further extended period notified by the Registrar, then it remains deficient. The unremedied deficiency existing at the time of filing means that the complaint form filed was not a complaint for the purposes of Article 6 of the Rules. The legal consequence of this is that the complaint form was not a complaint at the time of filing, for the purposes of Article VII(2) of the Tribunalís Statute.
Thus, it is obvious that the complaint is out of time. It has not been filed within the time limits provided for in the Tribunalís Statute and Rules. It is therefore clearly irreceivable and must be summarily dismissed in accordance with the procedure provided for in Article 7 of the Tribunalís Rules."

Keywords

correction of complaint; time bar



 
Last updated: 28.02.2017 ^ top