Judgment No. 3556
Decision
The complaint is dismissed.
Summary
As the complaint is out of time, it is summarily dismissed.
Judgment keywords
Keywords
time bar; summary procedure; complaint dismissed
Consideration 7
Extract:
"The legal effect of a request by the Registrar under Article 6(2) of the Tribunal’s Rules is to extend the period in which a complainant can correct a complaint (which is only a complaint in form but not in substance) that, though filed in time, did not comply with the Tribunal’s Rules and, in particular, Article 6(1). Unless the complaint is corrected (that is, rendered conformable with the Rules) within the extended period or any further extended period notified by the Registrar, then it remains deficient. The unremedied deficiency existing at the time of filing means that the complaint form filed was not a complaint for the purposes of Article 6 of the Rules. The legal consequence of this is that the complaint form was not a complaint at the time of filing, for the purposes of Article VII(2) of the Tribunal’s Statute.
Thus, it is obvious that the complaint is out of time. It has not been filed within the time limits provided for in the Tribunal’s Statute and Rules. It is therefore clearly irreceivable and must be summarily dismissed in accordance with the procedure provided for in Article 7 of the Tribunal’s Rules."
Keywords
correction of complaint; time bar
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