Judgment No. 1064
1. THE ORGANIZATION SHALL RECKON THE AMOUNT DUE TO THE COMPLAINANT AS SET OUT IN CONSIDERATION 4.
2. IT SHALL PAY HIM INTEREST ON THE AMOUNT NOT YET PAID AT THE RATE OF 10 PER CENT A YEAR FROM 24 JULY 1989 UP TO THE DATE OF PAYMENT.
3. IT SHALL PAY HIM 5,000 SWISS FRANCS IN COSTS.
Consideration 2, Summary
On 3 April 1990 the complainant filed an application for interpretation of Judgment 972, which was delivered on 27 June 1989. Neither the Statute nor the Rules of Court set any time limit for the filing of such applications (see Judgment 538). The Tribunal will look at the circumstances in which a claim is made before deciding what constitutes a reasonable time. In the instant case the complainant is not guilty of such delay as to make his application irreceivable.
Jugement(s) TAOIT: 538
application for interpretation; receivability of the complaint; time limit; reasonable time; no provision
[A]n application for interpretation is receivable only if the operative part of the judgment is ambiguous or otherwise unclear. The present application is about the meaning of the term "rates" and therefore qualifies under the rule as stated in that judgment. [...]
The only meaning the term "rates" in point 2 can bear is "rate of salary" and "rate of allowances". Nowhere in the judgment is there any allusion to a "rate of exchange", and the clear intent is that the complainant should receive by way of damages for material injury a lump sum to be calculated by reference to the salary and allowances he was entitled to at the date of separation.
application for interpretation; interpretation; salary; allowance; rate