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Withdrawal of suit (100,-666)

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Keywords: Withdrawal of suit
Total judgments found: 11

  • Judgment 3506


    120th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of some of her requests for the defrayal of medical expenses.

    Consideration 4

    Extract:

    "Notwithstanding th[e] withdrawal of suit, the Fund insisted on pursuing the proceedings, as it wished to claim costs against the complainant on the grounds that the complaint was vexatious.
    Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, for example, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional situations. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of that kind. In the instant case, the aforementioned complaint cannot be regarded as manifestly vexatious, even though it was clearly irreceivable because internal remedies had not been exhausted. The Fundís counterclaim will therefore be dismissed."

    Reference(s)

    ILOAT Judgment(s): 1884, 1962, 2211, 3043

    Keywords:

    counterclaim; withdrawal of suit;

    Consideration 8

    Extract:

    "The Tribunal will not accept the defendant organisationís objection that, in view of the withdrawal of the first complaint, the complainant is effectively barred from lodging another complaint raising substantially the same issues. [Ö] It is plain that neither the withdrawal of suit itself nor the res judicata authority of this judgment by which the withdrawal is recorded precludes the filing of the second complaint in question."

    Keywords:

    res judicata; withdrawal of suit;



  • Judgment 1962


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Tribunal recalls that it has the inherent power to impose costs on a complainant. But it specifies that it will only exercise this power in exceptional circumstances. "In the present case, it is clear that a full withdrawal of suit would have been desirable once Judgment 1864 had upheld the rules [at issue]. However, neither the fact that the complainant filed his complaint later than his colleagues, nor his failure to reply to the invitation made by the legal services to withdraw suit in the week following [...] can be considered as constituting abuse. The Tribunal finds that in the circumstances, this is not one of the exceptional cases in which it could penalise the filing or maintenance of a complaint as being abusive. It therefore dismisses the EPO's counterclaims."

    Reference(s)

    ILOAT Judgment(s): 1864

    Keywords:

    condition; costs; counterclaim; exception; vexatious complaint; withdrawal of suit;



  • Judgment 1658


    83rd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant asks the Tribunal 'to declare itself not neutral to give a judgment in this complaint because of the Tribunal's involvement (and especially of its members) in the Judgements 1041, 1296, 1297 and 1333.' The claim is not acceptable. The Tribunal will entertain each case that comes before it [...]. Besides, by lodging this complaint the complainant has acknowledged the Tribunal's competence to hear it. If he does not want the Tribunal to rule on his case, his remedy is to withdraw suit. He has not done so."

    Reference(s)

    ILOAT Judgment(s): 1041, 1296, 1297, 1333

    Keywords:

    bias; competence of tribunal; complaint; tribunal; withdrawal of suit;



  • Judgment 1598


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The new claim to costs is irreceivable because it was filed after the closure of the written proceedings."

    Keywords:

    closure of written proceedings; receivability of the complaint; withdrawal of suit;



  • Judgment 1233


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."

    Keywords:

    claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination; waiver of right of appeal; withdrawal of suit;



  • Judgment 983


    66th Session, 1989
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant withdrew her application. one of the interveners stated objections to the withdrawal. the tribunal held those objections to be inadmissible. the intervener cannot have greater rights than the complainant, who alone may determine whether to maintain his suit.

    Keywords:

    effect; intervention; withdrawal of suit;



  • Judgment 951


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Extract:

    the organisation finds fault with the complainant's withdrawal. "when a complainant withdraws suit the tribunal will not look into his reasons for surrendering his claims. the present withdrawal is unqualified and the tribunal will simply record it."

    Keywords:

    organisation; refusal; withdrawal of suit;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."

    Keywords:

    competence; implied powers; no provision; order; order of suspension; organisation's interest; president of tribunal; procedure; request by a party; staff member's interest; withdrawal of suit;



  • Judgment 728


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "unesco, which has been informed of the withdrawal, alleges that the complainant has acted for purely tactical reasons in filing a complaint he described as urgent and then withdrawing it. it asks the tribunal not to record the withdrawal but to hear the complaint and declare it irreceivable. when a complainant withdraws suit the tribunal will not look into his reasons for surrendering his claims."

    Keywords:

    competence of tribunal; organisation; refusal; withdrawal of suit;



  • Judgment 567


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is true enough that withdrawal of suit may not be presumed, but the complainants expressed their wishes clearly. It is also true that withdrawal may be cancelled at any time until it is accepted; but here it was not cancelled before the President [of the Office] took note of it."

    Keywords:

    acceptance; condition; waiver of right of appeal; withdrawal of suit;



  • Judgment 253


    34th Session, 1975
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (E)

    Extract:

    "...after filing her complaint and subsequently obtaining satisfaction the complainant withdrew suit and ... she should therefore be awarded costs - as indeed the organization agrees - which ... are fairly determined at 520 dollars..."

    Keywords:

    case pending; costs; exception; settlement out of court; withdrawal of suit;


 
Last updated: 12.08.2019 ^ top