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Judgment No. 500

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

the complainant's subsidiary claim is for money due by way of family allowance. the organisation "says that it has paid the amount to the complainant and submits that there is no cause of action. since the complainant has filed no rejoinder he presumably does not challenge the statement, and, there being no cause of action, the claim fails."

Keywords

cause of action; no cause of action; settlement out of court; payment

Consideration 1

Extract:

article 92 of eurocontrol's general conditions of employment establishes the jurisdiction of the tribunal "in the absence of a competent national jurisdiction. but [...] the constitutional court of the federal republic of germany held that the west german courts were not competent in this case. nor may any other national jurisdiction be invoked."

Keywords

competence; competence of tribunal; municipal court; subsidiary

Consideration 2

Extract:

"it does not appear that [the complainant] did appeal to the director-general [as required under the applicable provisions]. his counsel may have written letters to the director-general but the evidence does not show that they filed any claim in the proper sense of an appeal seeking the quashing or amendment of a decision. no internal appeal having been made and the internal means of redress not being exhausted, the claims are irreceivable."

Keywords

absence of final decision; receivability of the complaint; formal requirements; internal appeal; internal remedies exhausted



 
Last updated: 29.10.2012 ^ top