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Vexatious complaint (118, 662,-666)

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Keywords: Vexatious complaint
Total judgments found: 30

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  • Judgment 4025


    126th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision rejecting her request for payment of interest on the lump sum paid to her in respect of her separation entitlements.

    Considerations6, 9, 10, 11, 12

    Extract:

    The IAEA submits that the complaint is vexatious and constitutes an abuse of process. It requests that the Tribunal order the complainant to pay the costs of the proceedings including all filing fees. [...]
    At this juncture, it is observed that bad faith cannot be automatically inferred solely on the basis of the filing of a large number of complaints by a litigant. This is well illustrated by a review of the twelve complaints referenced by the IAEA, one of which is the present complaint. The complainant was successful in six complaints and was awarded damages and costs; four complaints were dismissed; and one was withdrawn.
    In Judgment 3568, under 5, the Tribunal framed relevant considerations in the awarding of costs against a complainant in the following terms:
    “The Tribunal may indeed award costs against the authors of frivolous, vexatious and repeated complaints which absorb its resources and those of the defendant organisations and hamper the Tribunal’s ability to deal expeditiously with other complaints. Any such award must, however, remain exceptional, since it is essential that international civil servants’ access to an independent and impartial judicial body is not impeded by the prospect of an adverse award of costs if their complaint were to prove unfounded (see Judgments 1962, under 4, and 3196, under 7).”
    A review of the complainant’s pleadings alone reflects a case that obviously had no possibility of success and is clearly frivolous. The complainant did not advance any positions that were arguable and relied on cases that are plainly distinguishable on the facts and a judgment that was overturned in relevant part on appeal.
    Accordingly, the complaint will be dismissed and the counterclaim for costs will be allowed. As this is the first occasion in the series of complaints against the IAEA in which the Tribunal will make an award of costs against this complainant, the amount will be nominal. The complainant will be ordered to pay the IAEA 100 euros in costs within sixty days of the date of the public delivery of this judgment.

    Reference(s)

    ILOAT Judgment(s): 1962, 3196, 3568

    Keywords:

    counterclaim; vexatious complaint;



  • Judgment 3961


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Administrative Council’s implied rejection of his request to order an investigation into the unauthorised public disclosure of confidential information relating to ongoing disciplinary proceedings against him, and to initiate disciplinary proceedings against those involved.

    Consideration 7

    Extract:

    The Tribunal shall not order the complainant to pay costs because, notwithstanding the fact that he has filed multiple complaints with duplicate requests, the present complaint cannot be regarded as vexatious by reason of its irreceivability.

    Keywords:

    counterclaim; vexatious complaint;



  • Judgment 3815


    124th Session, 2017
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for review of Judgment 3486.

    Consideration 12

    Extract:

    The [Organisation] submits that the application is clearly vexatious.
    The Tribunal shares that opinion, but since the defendant has not submitted a counterclaim for an order against the complainant on this basis, it cannot issue an order to that effect in this judgment.

    Keywords:

    counterclaim; vexatious complaint;



  • Judgment 3456


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaints, essentially identical and clearly irreceivable, were summarily dismissed.

    Judgment keywords

    Keywords:

    summary procedure; vexatious complaint;

    Consideration 4

    Extract:

    "On the guidance of Judgments 3301, under 5, and 2479, under 2, for example, the Tribunal considers that these complaints constitute an abuse of process for the following reasons. First, they are essentially identical complaints. In the second place, they are clearly irreceivable on a number of grounds. The first is that the complaints do not impugn final decisions, as required by Article VII, paragraph 1, of the Tribunal’s Statute (see, for example, Judgments 2479, 2948, 3050, 3301, 3302 and 3326). Moreover, the Tribunal has consistently held that the forwarding of the claim to the advisory appeal body, constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, which is sufficient to forestall an implied rejection (see Judgment 2948, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2479, 2948, 3050, 3301, 3302, 3326

    Keywords:

    direct appeal to tribunal; vexatious complaint;



  • Judgment 3196


    115th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the implicit rejection of her request for disclosure of a medical report.

    Consideration 7

    Extract:

    "Although the complaint must be dismissed, the Tribunal will not entertain the Organization’s counterclaim to sanction the complainant for abuse of process. Indeed, whilst her unsubstantiated allegations of fraudulent manipulation and misrepresentation are inappropriate, they do not prove bad faith in and of themselves, and as such do not constitute an exceptional circumstance meriting the imposition of costs on the complainant (see Judgment 1962, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1962

    Keywords:

    condition; costs; counterclaim; exception; vexatious complaint;



  • Judgment 3135


    113th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    The CTA has asked that the complainant should be ordered to pay its costs on the basis that “the complaint is unfounded”. Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, inter alia, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional circumstances. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive or chilling effect of possible adverse awards of that kind. In the instant case, although the complaint must be dismissed, it should not be regarded as vexatious. The Centre’s counterclaims will therefore be dismissed.

    Reference(s)

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

    Keywords:

    costs; counterclaim; vexatious complaint;



  • Judgment 2892


    108th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 to 8

    Extract:

    "The ITU argues that the [...] complaint with respect to the
    complainant's dismissal is [...] irreceivable on the basis that, as he has not pursued his internal appeal following his request [...] for a final review of the decision to dismiss him [...]. [T]he question remains whether the Staff Regulations and Staff Rules permit an internal appeal once a person has ceased to be a staff member. If they do not, the steps taken by the complainant to initiate an internal appeal were ineffective. More to the point, there were no internal remedies that he could pursue before lodging his complaint."
    "Chapter XI of the ITU Staff Regulations and Staff Rules makes provision for appeals by staff members. [...] There is nothing in Chapter XI of the Staff Regulations and Staff Rules to indicate that a former staff member may lodge an appeal as therein provided. [...] In these circumstances, the term "staff member" in Chapter XI is to be construed as restricted to a serving staff member."
    "In Judgment 2840, also a case where the relevant regulations and rules relating to internal appeals referred only to a "staff member" and not a "former staff member", it was held that "where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process". The same is true of a staff member who has either been summarily dismissed or dismissed with such short notice that it is impracticable to commence internal appeal proceedings before the dismissal takes effect."

    Reference(s)

    ILOAT Judgment(s): 2582, 2840

    Keywords:

    complaint allowed in part; definition; direct appeal to tribunal; internal remedies exhausted; international civil servant; receivability of the complaint; staff regulations and rules; status of complainant; vexatious complaint;



  • Judgment 2730


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[A]nyone filing a complaint with the Tribunal must state in his brief the facts of the case and the pleas raised against the impugned decision (Article 6, paragraph 1(b) of the Rules of the Tribunal). He should do so by putting forward arguments that can reasonably be considered to support his case. At all events, the immunity that the complainant enjoys in respect of his litigation does not exempt him from the duty to refrain from violating the respect that any litigant owes to the opposing parties. The Tribunal does not have to tolerate the initiation of proceedings before it that are manifestly frivolous, wrongful or vexatious."

    Reference(s)

    ILOAT reference: Article 6, paragraph 1(b) of the Rules of the Tribunal

    Keywords:

    complainant; complaint; decision; grounds; iloat statute; limits; privileges and immunities; procedure; staff member's duties; vexatious complaint;



  • Judgment 2211


    94th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Having made reference to what it declared in Judgment 1884, under 8 and 9, the Tribunal states: "The Tribunal will not, of course, impose costs penalties in every case in which a persistent litigant [...] loses, for some disputes will no doubt be at least arguable. But where, as in the present case, a complainant has actually had success before the Tribunal [...] and nonetheless refuses to accept the limitations which such success imposes, that complainant may expect to have cost consequences. Because this is the first time the Tribunal has had to act against the present complainant, the costs awarded to the organisation will be relatively nominal, but that will not necessarily be the case in the future. The Tribunal will order the complainant to pay the [organisation] the sum of 100 euros in costs. The [organisation] may recover the award by withholding it from any amounts due to the complainant now or in the future."

    Reference(s)

    ILOAT Judgment(s): 1884

    Keywords:

    case law; complaint; costs; counterclaim; res judicata; vexatious complaint;



  • 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 1932


    88th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[T]he tribunal would emphasise that it will not tolerate the waste of time and money caused by the pursuit of abusive and unnecessary procedures before it and will take towards those responsible any appropriate action, including awards of costs, if requested to do so."

    Keywords:

    complaint; costs; counterclaim; vexatious complaint;



  • Judgment 1884


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    "The Tribunal has never heretofore imposed a costs penalty upon a complainant. However, it asserts unequivocally that it possesses the inherent power to do so as part of the necessary power to control its own process. Clearly, such power must be exercised with the greatest care and only in the most exceptional situations since 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 costs. [T]he Tribunal [...] declares that in future it will award costs against complainants in appropriate cases if they are sought."

    Keywords:

    complaint; costs; counterclaim; vexatious complaint;



  • Judgment 1847


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."

    Keywords:

    case pending; costs; good faith; no award of costs; settlement out of court; vexatious complaint;



  • Judgment 1533


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Both the want of evidence to support the complainant's allegations and the absurdity of his claims show his complaint to be trifling and an abuse of process."

    Keywords:

    vexatious complaint;



  • Judgment 1443


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The organisation asks the Tribunal to declare his complaint to be an obvious abuse of the right to appeal, though it does not make any formal counterclaim. The EPO is mistaken. All that the complainant did was exercise his right to appeal; [the rule under challenge was] so vague as to prompt many internal appeals, and, however they fared, they were quite understandable."

    Keywords:

    counterclaim; criteria; right of appeal; vexatious complaint;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The EPO described [the complainant's] complaint as "an abuse". But it does not ask the Tribunal to dismiss it as irreceivable for that reason. "The defendant is merely exercising the freedom of speech that any litigant must be allowed, short of resorting to offensive or insulting language." the complainant's claim to damages on that account fails.

    Keywords:

    criteria; freedom of speech; limits; new claim; organisation; rejoinder; reply; submissions; vexatious complaint;



  • Judgment 1423


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "By his pointless repetition of arguments on claims which the Tribunal has rejected in previous complaints, the complainant has refused to accept that the decisions of the Tribunal are res judicata. His conduct in reverting to issues which the Tribunal has already ruled on amounts to an abuse of process."

    Keywords:

    identical claims; judgment of the tribunal; res judicata; same parties; same purpose; vexatious complaint;



  • Judgment 1399


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "As the Tribunal acknowledged in Judgment 885, an organisation may find it awkward in all sorts of ways to defend its case when a complainant is stubbornly bent on indiscriminate exercise of the right of appeal. But the issues the present complainant has raised are not such that the Tribunal sees his complaint as any abuse of his right of appeal. That right is a safeguard for organisation and staff alike and the exercise of it is to be denied only in extreme and quite exceptional cases."

    Reference(s)

    ILOAT Judgment(s): 885

    Keywords:

    organisation's interest; right of appeal; safeguard; staff member's interest; vexatious complaint;



  • Judgment 1391


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant was subject to disciplinary action for statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. "Disciplinary action will be justified only if the staff member's conduct amounts to abuse of process or to a perversion of the right ofappeal. Such, for example, will be the case if his allegations 'are clearly wholly unfounded' (see Judgment 99 [...]); or if he appeals 'to the Tribunal for the purpose of lending force to the wild and unnecessarily wounding allegations [...] repeatedly made against the organisation' and has thereby 'entirely perverted from its proper purpose the right of appeal' to the Tribunal and has 'affronted the dignity of his organisation and of the Tribunal (see Judgment 96 [...]); or if his actions 'could neither have been directed to defending [his] freedom and rights, however widely interpreted, nor [...] make the slightest contribution to the disposal of the proceedings' (see Judgment 111 [...])."

    Reference(s)

    ILOAT Judgment(s): 96, 99, 111

    Keywords:

    case law; complaint allowed; conduct; criteria; decision quashed; disciplinary measure; organisation's reputation; right of appeal; vexatious complaint;

    Consideration 10

    Extract:

    The complainant was subject to disciplinary action for having made statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. The Disciplinary Committee asked whether the punishment of offensive remarks "for which there is no clear justification supported by evidence" would infringe the complainant's rights. The Tribunal holds that "such a test laid an undue burden on the complainant in that if he was to avoid the risk of disciplinary action he must prove the truth of his allegations. No such burden should have been put on him. The mere failure to prove the truth of his allegations did not mean that he had either abused his freedom of speech or forfeited the immunity or privilege of judicial proceedings."

    Keywords:

    burden of proof; complainant; complaint; complaint allowed; criteria; decision quashed; disciplinary measure; evidence; freedom of speech; organisation's reputation; submissions; tribunal; vexatious complaint;

    Consideration 11

    Extract:

    "A litigant whose submissions contain language that is unacceptable, or ill-chosen, or damaging, or unseemly, does not thereby lose the immunity that attaches to statements made in judicial proceedings".

    Keywords:

    complainant; complaint; complaint allowed; decision quashed; freedom of speech; organisation's reputation; submissions; vexatious complaint;



  • Judgment 1204


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainants were refused the grant of a promotion. The impugned decisions are set aside and the complainants sent back to CERN for proper determination of their entitlement to promotion. They are claiming awards of damages. But "they fail to show any particular injury. If they get promotion, that, and the financial consequences, will afford them sufficient redress. If they are not promoted they will not have suffered any injury unless the new decisions are again unlawful. For the time being there is no actual injury and they have no right to compensation."

    Keywords:

    allowance; case sent back to organisation; compensation; complaint allowed in part; decision quashed; injury; lack of injury; promotion; refusal; vexatious complaint;

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Last updated: 12.08.2019 ^ top