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Judgment No. 1328

Decision

1. WIPO SHALL PAY THE COMPLAINANT COMPOUND INTEREST RECKONED AS FROM 24 MARCH 1993 AT THE RATE OF 10 PER CENT A YEAR ON THE AWARDS IN JUDGMENT 1242 UNDER POINTS 3 AND 4.
2. THE CASE IS SENT BACK TO THE ORGANIZATION SO THAT IT MAY TAKE AT THE EARLIEST POSSIBLE DATE THE EXPRESS AND PROPERLY SUBSTANTIATED DECISION THAT JUDGMENT 1242 REQUIRES UNDER POINT 2.
3. IT SHALL PAY THE COMPLAINANT 10,000 FRENCH FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 10

Extract:

"A dispute of the kind Article II [of the Tribunal's Statute] refers to is not resolved until the Tribunal's judgment has been duly executed. So its competence is not exhausted when it passes judgment. Pending full execution the dispute remains unresolved and the Tribunal remains competent to rule on any issues that execution may raise."

Reference(s)

ILOAT reference: ARTICLE II OF THE STATUTE

Keywords

application for execution; complaint allowed; complaint allowed in part; competence of tribunal; judgment of the tribunal; case sent back to organisation; execution of judgment; iloat statute

Consideration 11

Extract:

"The Tribunal's rulings carry the authority of res judicata, save that in accordance with Article XII(1) of its Statute and the Annex thereto their validity may be challenged on referral by an organisation that has recognised its jurisdiction to the International Court of Justice on the grounds of lack of competence or a fundamental fault in the procedure followed."

Reference(s)

ILOAT reference: ARTICLE XII(1) OF THE STATUTE

Keywords

procedure before the tribunal; application for execution; complaint allowed; complaint allowed in part; icj; res judicata; competence of tribunal; judgment of the tribunal; case sent back to organisation; iloat statute; flaw; advisory opinion of icj

Consideration 12

Extract:

As the International Court of Justice has held, "that rulings by international administrative tribunals are binding in particular where they make awards against organisations is the corollary of their judicial authority." (Advisory opinions of 13 July 1954 and 23 October 1956.) "In Judgment 553 [...] the Tribunal explained the nature of the obligation that its rulings lay on an organisation".

Reference(s)

Jugement(s) TAOIT: 553

Keywords

application for execution; complaint allowed; complaint allowed in part; icj; res judicata; tribunal; judgment of the tribunal; case sent back to organisation; execution of judgment; organisation's duties; compensation; payment; advisory opinion of icj

Consideration 13

Extract:

"The possibility of cancellation of WIPO's recognition of the Tribunal's jurisdiction calls for no comment save that making an international organisation's decisions subject to judicial review affords a basic safeguard both of its own interests and of staff rights."

Keywords

application for execution; complaint allowed; complaint allowed in part; competence of tribunal; right of appeal; case sent back to organisation; staff member's interest; declaration of recognition; judicial review; organisation's interest; safeguard

Consideration 17

Extract:

Vide Judgment 732, consideration 2.

Reference(s)

Jugement(s) TAOIT: 732

Keywords

application for execution; complaint allowed; complaint allowed in part; receivability of the complaint; internal appeal; internal remedies exhausted; case sent back to organisation; case law

Consideration 19

Extract:

"As for [WIPO's] failure to take the 'new decision' ordered in point 2 [of the operative part of the judgment whose application is sought], it is in breach of good faith in forcing the complainant to the point of appealing against a refusal he has to infer from its own silence. Under point 2 it is required to give him an express and properly substantiated decision on the matter of reinstatement".

Keywords

application for execution; complaint allowed; complaint allowed in part; duty to substantiate decision; express decision; implied decision; case sent back to organisation; good faith; organisation's duties; reinstatement



 
Dernière mise à jour: 07.04.2020 ^ haut