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Order of suspension (139,-666)

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Keywords: Order of suspension
Total judgments found: 4

  • Judgment 3141


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    [T]he complainant has asked that a suspensory effect be conferred upon his complaint as protection against possible expulsion by the Swiss authorities. However, the wording of Article VII, paragraph 4, of the Statute of the Tribunal specifies that “[t]he filing of a complaint shall not involve suspension of the execution of the decision impugned” and no other provision of the Statute authorises the Tribunal to order such suspension. This claim is therefore irreceivable (see Judgment 1584, under 6).

    Reference(s)

    ILOAT Judgment(s): 1584

    Keywords:

    order of suspension;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "As for the application for a stay of proceedings, Article 10(3) of the Rules says that 'the Tribunal [...] shall rule on an application by either party for a stay of proceedings'". The Tribunal holds that no stay of proceedings is warranted in this case. Whatever changes may be made in the procedure for filling vacant posts, the complaint must be reviewed in the light of the rules in force at the material time. Once the proceedings have begun, the Tribunal is bound to reach a decision as promptly as possible and will not stay the proceedings pending possible changes in the rules."

    Reference(s)

    ILOAT reference: ARTICLE 10(3) OF THE RULES

    Keywords:

    amendment to the rules; applicable law; case sent back to organisation; closure of written proceedings; competition cancelled; complaint allowed; decision quashed; iloat statute; order of suspension; procedure; refusal; staff regulations and rules; submissions;



  • Judgment 1029


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "since the parties are agreed on the suspension of the proceedings the organisation's application is granted."

    Keywords:

    order; order of suspension; organisation; request by a party;



  • 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;

    Order

    Extract:

    "Continuation of the suspension might [...] needlessly hold up the proceedings and cause detriment to the defendant without serving the interests of the complainant. The application accordingly fails".

    Keywords:

    extension; order; order of suspension; president of tribunal; refusal; request by a party;


 
Last updated: 19.09.2019 ^ top