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Judgment No. 647

Decision

THE COMPLAINT AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 3

Extract:

"Although time limits are essential to sound administration, the organisation must not use them in breach of the complainant's good faith."

Keywords

internal appeal; time limit; exception; good faith; purpose

Consideration 3

Extract:

"Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."

Keywords

decision; receivability of the complaint; competence; internal appeal; time limit; start of time limit; time bar; decision-maker; flaw; consequence



 
Last updated: 27.03.2020 ^ top