Judgment No. 931
1. THE TRIBUNAL NEED NOT RULE ON THE MAIN HEADS OF CLAIM.
2. IT ALLOWS CERN'S OBJECTION TO THE RECEIVABILITY OF THE CLAIM TO COSTS.
"In the matter of costs the Tribunal has absolute authority that no text can fetter. It is plain from the case law that its ruling on costs will depend on the circumstances of the case. Even if it had held this complaint receivable and well founded, it would not necessarily have made any award."
competence of tribunal; costs; iloat; case law
The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.
absence of final decision; failure to answer claim; receivability of the complaint; internal remedies exhausted; settlement out of court; time limit; costs; case pending
"The Director-General of CERN decided on the strength of a report by the Joint Advisory Appeals Board to allow the complainant's internal appeal and so informed him by [...] letter [...] the decision was later put into effect. The Tribunal therefore need not rule on the main heads of claim, which have been met."
cause of action; no cause of action; settlement out of court; case pending