Judgment No. 1887
Decision
1. The challenged decisions are set aside.
2. The cases are sent back to the EMBL so that it may take the decisions set out in 12 above.
3. The Laboratory shall pay the complainants a total of 20,000 French francs in costs.
4. The complainants' other claims are dismissed.
Consideration 5
Extract:
Application for the execution of a previous judgment.
"The Tribunal's case law has it that exhausting all internal remedies is not in fact necessary in cases which involve determining whether the authority responsible for executing a judgment has respected its terms. It is however in principle essential when a case is sent back to that authority to resume or continue the procedure and when the judgment leaves it a degree of discretion. However, with a view to avoiding a sheer pedantic approach, the Tribunal will waive the requirement for exhaustion of internal remedies where no legal purpose is served, for example where the case is fit to be judged and the parties have submitted their pleas (see Judgment 1771 [...] and the case law cited therein)."
Reference(s)
Jugement(s) TAOIT: 1771
Keywords
application for execution; direct appeal to tribunal; internal remedies exhausted; judgment of the tribunal; execution of judgment; case law; cause
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