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No award of costs (123,-666)

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Keywords: No award of costs
Total judgments found: 13

  • Judgment 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.

    Consideration 7

    Extract:

    "As the complainant succeeds in part, he would normally be entitled to costs. In the present case, the Tribunal considers the following issues with regard to costs: the complainant did not file a proper complaint brief detailing his grievance, instead referring only to his internal appeal; his complaint brief mainly discusses issues which have already been ruled upon by the Tribunal in several previous judgments; and the complaint contains unacceptable, offensive and unjustified statements against the EPO as a whole. In light of these matters, the Tribunal will not award him costs."

    Keywords:

    no award of costs;



  • Judgment 3508


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.

    Consideration 8

    Extract:

    "Inasmuch as the EPO has already paid to the complainant the travel expenses that he incurred in respect of his three children, together with interest at the rate of 8 per cent, but he still maintained his main claim in this matter, he will not be awarded costs."

    Keywords:

    no award of costs;



  • Judgment 3502


    120th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.

    Consideration 12

    Extract:

    "The complainant’s claim for costs related to his defence in the criminal proceedings is irreceivable as those proceedings are not within the Tribunal’s jurisdiction."

    Keywords:

    no award of costs;



  • Judgment 3402


    119th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.

    Consideration 11

    Extract:

    "[O]rdinarily a staff member who has been dismissed for engaging in fraud, would suffer considerable stress while waiting for the answer in an internal appeal about whether the challenged finding of fraud would be upheld or rejected. There is no reason to doubt that this would have been so in the present case. The internal appeal did take too long and the complainant is entitled to moral damages [...]. However, this was only very much a subsidiary part of the complaint and, in substance, the complainant has failed. Accordingly the complainant is not entitled to costs."

    Keywords:

    moral injury; no award of costs;



  • Judgment 3301


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant through five irreceivable complaints requested information concerning facts that occurred before his retirement for disability.

    Consideration 5

    Extract:

    The Tribunal considers that the five complaints constitute an abuse of process for three reasons. The first being that the five complaints were essentially identical, the second being that they were clearly irreceivable and the third being that they contained unacceptable, offensive and unjustified expressions against the Organisation as a whole. This would justify the award of costs to the Organisation. However, in the circumstances, considering that the case is dealt with in accordance with the summary procedure, the Tribunal will not award costs.

    Keywords:

    no award of costs; vexatious complaint;



  • Judgment 2680


    104th Session, 2008
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Although the decision [...] by which he obtained satisfaction was delivered after he had filed his complaint, the complainant is not entitled to costs. Indeed, the complaint was premature because [...] that decision was delivered within the applicable time limit."

    Keywords:

    absence of final decision; complaint; date; decision; no award of costs; time limit;



  • 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 1532


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

    Consideration 13

    Extract:

    "Claim 8 is to costs. Again the Tribunal reminds [the complainant], in view of the intemperate language of his submissions, that he owes a duty of respect to the Organization and to its staff. Because he has failed in that duty the Tribunal disallows his claim to costs, even though one of his claims succeeds."

    Keywords:

    claim; complaint; conduct; costs; freedom of speech; limits; no award of costs; organisation's reputation; staff member's duties;



  • Judgment 1531


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

    Consideration 15

    Extract:

    As for his claim to costs, "the Tribunal observes, in view of the intemperate language of his submissions, that he owes a duty of respect to the defendant and to its staff. Though his complaint succeeds in part, his claim to costs is disallowed because he has not fulfilled that duty."

    Keywords:

    complainant; conduct; freedom of speech; limits; no award of costs; official; organisation's reputation; staff member's duties;



  • Judgment 410


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Tribunal quashed the decision to reprimand the complainant because it was not based on a complete consideration of the facts. "The complainant asks for an order for compensation and costs. Since however the Tribunal considers that the complainant's conduct, whether or not deserving of a reprimand, was improper, such an order would not be appropriate."

    Keywords:

    censure; conduct; disciplinary measure; disregard of essential fact; no award of costs;



  • Judgment 399


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complaint is allowed in part. "The dossier does not show that any legal costs were incurred, nor does it appear to the Tribunal that there would have been any need for them. [...] This is not a case for the award of costs."

    Keywords:

    complaint allowed in part; no award of costs;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 34

    Extract:

    "The organisation asks the Tribunal to order the complainant and the interveners to pay an equitable contribution towards the lawyers' fees incurred by the organisation. It is true that the organisation has succeeded against the interveners and on some of the claims made by the complainant. But it has never been the practice of the Tribunal to order the complainant to pay the whole or any part of an organisation's costs even when the claim has entirely failed."

    Keywords:

    counsel; no award of costs; organisation; practice; refund; tribunal;



  • Judgment 272


    36th Session, 1976
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Since the cases of the interveners are to be remitted to the Director-General because of the insufficiency of the evidence that is supplied with them the Tribunal can award no costs in respect of them."

    Keywords:

    case sent back to organisation; costs; elements; intervention; lack of evidence; local status; no award of costs; non-local status;


 
Last updated: 29.09.2020 ^ top