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Further submissions on the merits (136,-666)

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Keywords: Further submissions on the merits
Total judgments found: 9

  • Judgment 2136


    93rd Session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Regrettably, the [Organisation] has confined its submissions to a challenge as to the receivability of the complaints. As a result, the Tribunal is unable to render a final judgment. The Tribunal orders further submissions on the merits. Before ruling on the case, it invites the [Organisation] to submit its arguments within thirty days of the date of notification of this judgment. The Tribunal shall stay its judgment on the merits until it has received sufficient information to decide on the case (on this issue, see Judgment 499)."

    Reference(s)

    ILOAT Judgment(s): 499

    Keywords:

    case law; complaint; date of notification; further submissions on the merits; iloat; interlocutory order; judgment of the tribunal; limits; organisation; receivability of the complaint; reply; time limit;



  • Judgment 1007


    68th Session, 1990
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's first internal appeal against the denial of promotion was considered receivable but failed. a second appeal which he filed one year later was not treated as such by the organization. the second appeal had the same wording at the beginning and end as the first. the tribunal holds that the director-general should have treated the appeal as such and forwarded it to the secretariat of the joint advisory appeals board in keeping with article r b 2.07 of annex r b 2 of the cern staff regulations. the case is remitted to the organization.

    Reference(s)

    Organization rules reference: ARTICLE R B 2.07 OF ANNEX R B 2 OF THE CERN STAFF RULES

    Keywords:

    case sent back to organisation; decision quashed; formal requirements; further submissions on the merits; internal appeal; receivability of the complaint;



  • Judgment 930


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the organisation was authorised to confine its reply to the issue of receivability. but it was unable to show that it had given timely notice of the president's decision. the complaint is receivable.

    Keywords:

    burden of proof; case sent back to organisation; date of notification; decision; evidence; further submissions on the merits; organisation; receivability of the complaint; reply confined to receivability;



  • Judgment 852


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    faced with the administration's failure to take action on the basis of the appeals committee's report, the complainant filed a complaint within the three-month time limit set by article vii of the statute of the tribunal. the final decision was later taken, after the expiry of the time limits in the service regulations. it follows that the organisation's objections to receivability must be dismissed. the proceedings shall resume on the merits.

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE ILOAT STATUTE

    Keywords:

    case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure; receivability of the complaint; refusal; reply confined to receivability; tribunal;



  • Judgment 574


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

    Summary

    Extract:

    the organisation pleads that the complaint fails by the doctrine of res judicata, in view of the fact that the complainant was an intervener in judgment no. 365. the plea was dismissed on the grounds that the substance of the two claims was not the same: the first claim challenged a measure which had the force of a rule whereas the second concerned a decision of an individual nature. the case is referred back to the president for a new decision. the tribunal stressed that the organisation should not have based its reply solely on res judicata, refraining from arguing the merits without having been granted permission to do so by the tribunal.

    Reference(s)

    ILOAT Judgment(s): 365

    Keywords:

    case sent back to organisation; decision quashed; further submissions on the merits; general decision; individual decision; intervention; reply confined to receivability; res judicata; same purpose;



  • Judgment 522


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    an objection to receivability resting on the lateness of the complainant's internal appeal fails. the matter should be examined by the internal appeals body on the merits. [the problem is one of copyright.] compensation for "legal costs incurred to date. the other remedies requested do not arise for consideration at this stage."

    Keywords:

    case sent back to organisation; costs; decision quashed; further submissions on the merits; reply confined to receivability;



  • Judgment 499


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the time limit for filing a complaint is ninety days, either after the notification of the express decision or from the expiry of the sixty-day time limit allowed for the taking of a decision by the organisation."

    Reference(s)

    ILOAT reference: ARTICLE VII PARAGRAPHS 1 AND 3 OF THE ILOAT STATUTE

    Keywords:

    case sent back to organisation; failure to answer claim; further submissions on the merits; internal remedies exhausted; receivability of the complaint; time limit;

    Considerations

    Extract:

    the organisation confined itself to procedural issues. if the defendant considers the complaint to be clearly vexatious, it may apply to the tribunal, before filing its memorandum, for permission to confine its arguments to the decisive point. "otherwise [the defendant] will incur the danger that, instead of adjourning, as in the present case, the tribunal declare the allegations of fact in the complaint to be established."

    Keywords:

    acceptance; case sent back to organisation; condition; further submissions on the merits; reply confined to receivability; tribunal;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    there was already a claim for compensation before the internal appeals body and there was no need to make a fresh one. the appeals body "had, without going into the merits, held the claim for compensation to be irreceivable. in judgment no. 364 the tribunal ruled that it was receivable. accordingly, all that was necessary was for the [body in question] to resume the hearing and make a recommendation on the merits."

    Reference(s)

    ILOAT Judgment(s): 364

    Keywords:

    case sent back to organisation; further submissions on the merits; internal appeals body; judgment of the tribunal; receivability of the complaint;



  • Judgment 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "...the director-general was at fault in ruling that the complainant's appeal to the appeals board was time-barred... the decision impugned must accordingly be quashed." the case is referred back to the organization for a decision on the merits.

    Keywords:

    case sent back to organisation; decision quashed; further submissions on the merits; internal appeal; receivability of the complaint; refusal; reply confined to receivability; time bar; tribunal;


 
Last updated: 12.08.2019 ^ top