Judgment No. 221
THE COMPLAINT IS DISMISSED.
"In the course of proceedings that lead to a final decision various claims and arguments may be put forward and resisted; except insofar as they form part of the final decision the Tribunal has no power to adjudicate upon them."
claim; decision; receivability of the complaint; competence of tribunal; elements
"The complainant does not allege that an obligation to pay the fees and expenses incident to an appeal is one of the terms of his appointment or the subject of any provision in the Staff Regulations [which contain no] general or implied obligation to pay costs. For this reason, the Tribunal is not competent to order the relief requested."
internal appeals body; internal appeal; competence of tribunal; organisation's duties; refund; counsel
"A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."
decision; receivability of the complaint; cause of action; no cause of action; competence of tribunal; iloat statute
The complainant accepted the renewal of his contract, while reserving the right to appeal in connection with the circumstances of an earlier non-renewal. This reservation means either that while accepting the renewal, he is appealing against the non-renewal, which is a self-contradiction, or that while accepting the renewal, he still wishes to complain about an earlier non-renewal; that "would involve an investigation into the history of a decision which is not impugned and which, being superseded, is not impugnable. The Tribunal cannot give effect to a reservation in such terms."
receivability of the complaint; contract; extension of contract; fixed-term; non-renewal of contract