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Judgment No. 553

Decision

1. THE TRIBUNAL WILL NOT RULE ON THE CLAIMS RELATING TO PAYMENT BY THE WTO OF SERVICE BENEFIT AS ORDERED IN JUDGMENT NO. 463 OF 14 MAY 1981.
2. THE SUM DUE TO THE COMPLAINANT SHALL BEAR INTEREST AT THE RATE OF 10 PER CENT FROM THE THIRTIETH DAY FOLLOWING THE DATE ON WHICH JUDGMENT NO. 463 WAS NOTIFIED TO THE WTO.
3. THE OTHER CLAIMS ARE DISMISSED.
4. THE WTO SHALL PAY THE COMPLAINANT 500 UNITED STATES DOLLARS IN COSTS.

Considerations 1 and 2

Extract:

The material judgment was immediately operative. "The complainant seeks, and is entitled to, payment of interest in compensation for the damage he has suffered through the [organisation's] delay in giving effect to the judgment".

Reference(s)

ILOAT Judgment(s): 463

Keywords

application for execution; complaint allowed; injury; administrative delay; judgment of the tribunal; interest on damages; execution of judgment; penalty for delay

Consideration 1

Extract:

"The Tribunal's judgments have the authority of res judicata. An [...] organisation [...] is therefore bound [...] first and foremost to take whatever action the judgment may require. That the judgment must be both respected and executed are thus principles which are beyond dispute, and they apply, in particular, where the organisation is ordered to pay a sum of money. The debtor's obligation to pay must as a rule be discharged immediately unless the judgment states that the sum shall be payable only at some later date."

Reference(s)

ILOAT Judgment(s): 463

Keywords

res judicata; time limit; judgment of the tribunal; formal demand for payment; execution of judgment; organisation's duties



 
Last updated: 03.04.2017 ^ top