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Oral proceedings (166, 167, 633, 795, 796, 707, 797, 798, 799,-666)

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Keywords: Oral proceedings
Total judgments found: 196

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  • Judgment 4032


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.

    Consideration 11

    Extract:

    The complainant requests oral proceedings, however, the Tribunal is satisfied that the parties’ briefs and the evidence they have produced are sufficient for the Tribunal to reach an informed decision. Accordingly, the complainant’s application for oral proceedings is rejected.

    Keywords:

    oral proceedings;



  • Judgment 4022


    126th Session, 2018
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the WTO’s decision to grant him local recruitment status upon joining the Organization.

    Consideration 1

    Extract:

    The complainant applies for an oral hearing under Article 12, paragraph 1, of the Rules of the Tribunal. The Tribunal notes, however, that the JAB elicited relevant evidence from the parties, by way of specific questions, to which they responded. They were also given an opportunity to comment on each other’s response. Moreover, in view of the abundant and sufficiently clear submissions and evidence which the parties have provided, the Tribunal considers that it is fully informed about the case and does not deem it necessary to hold an oral hearing. The application for a hearing is therefore dismissed.

    Reference(s)

    ILOAT reference: Article 12, paragraph 1, of the Rules

    Keywords:

    oral proceedings;



  • Judgment 4021


    126th Session, 2018
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to grant her local recruitment status.

    Consideration 1

    Extract:

    The complainant applies for an oral hearing under Article 12, paragraph 1, of the Rules of the Tribunal. The Tribunal notes, however, that the JAB elicited relevant evidence from the parties, by way of specific questions, to which they responded. They were also given an opportunity to comment on each other’s response. Moreover, in view of the abundant and sufficiently clear submissions and documents, as well as the evidence which the parties have provided, the Tribunal considers that it is fully informed about the case and does not deem it necessary to hold an oral hearing. The application for a hearing is therefore dismissed.

    Reference(s)

    ILOAT reference: Article 12, paragraph 1, of the Rules

    Keywords:

    oral proceedings;



  • Judgment 4003


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.

    Consideration 11

    Extract:

    The Tribunal finds that the written submissions are sufficient to reach a reasoned decision, and, therefore, it shall not order oral hearings.

    Keywords:

    oral proceedings;



  • Judgment 4001


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.

    Consideration 2

    Extract:

    The complainant also applies for an oral hearing. He names a former Deputy Director General as the person whom he wishes to be called as his witness. The Tribunal notes that that person has already provided the complainant with a witness statement [...]. Moreover, the complainant provides no reasons why an oral hearing should be held nor any indication that the witness would provide evidence which is relevant to the issues in this complaint. In any event, in view of the abundant and sufficiently clear evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to hold an oral hearing. The application will therefore be dismissed.

    Keywords:

    oral proceedings;



  • Judgment 4000


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify his post at grade P-4.

    Consideration 2

    Extract:

    The complainant applies for an oral hearing. The application will be dismissed as it provides no basis for a hearing. Moreover, in view of the abundant and sufficiently clear submissions and evidence provided by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to hold an oral hearing.

    Keywords:

    oral proceedings;



  • Judgment 3999


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify her post.

    Consideration 8

    Extract:

    The complainant requests oral hearings. As the submissions of the parties are sufficient to allow the Tribunal to reach a reasoned decision, there is no need to hold hearings.

    Keywords:

    oral proceedings;



  • Judgment 3998


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant her compensation pending a determination by a medical expert as to whether her illness in 2012 through 2014 was service-incurred.

    Consideration 7

    Extract:

    As the written submissions are sufficient to allow the Tribunal to render an informed decision, the Tribunal rejects the request for oral hearings.

    Keywords:

    oral proceedings;



  • Judgment 3996


    126th Session, 2018
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.

    Consideration 3

    Extract:

    The complainant applies for oral hearings [...]. As the written submissions are sufficient to make a reasoned decision, oral hearings are unnecessary. Thus, the Tribunal denies the application for oral hearings.

    Keywords:

    oral proceedings;



  • Judgment 3967


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant considers that he was a victim of harassment, or at least of straining, by his director who issued a warning letter regarding his performance and set new productivity targets which he was to achieve in 2004.

    Consideration 2

    Extract:

    The EPO recalls that the Tribunal stated, in Judgment 619, consideration 1, and Judgment 1661, consideration 2, for example, that a request for oral proceedings is exceptionally granted and usually serves the purpose of gathering additional evidence, where necessary, to help to resolve issues before it and that a hearing is unnecessary where a complainant has already had ample opportunity to state her or his case. [...] It is observed that the IAC fully documented the evidence which was given at the two hearings that it conducted, the events which occurred after each hearing and the oral submissions which the legal representatives of both parties made. The Tribunal is satisfied that these, together with the documents, reports and written submissions on file, are ample and sufficiently detailed to permit it to determine the issues which arise on this complaint. The application for oral proceedings is therefore dismissed.

    Reference(s)

    ILOAT Judgment(s): 619, 1661

    Keywords:

    oral proceedings;



  • Judgment 3895


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for interpretation and execution of Judgment 3694.

    Consideration 6

    Extract:

    In his rejoinder the complainant has listed the names of witnesses, but in view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to hold oral proceedings.

    Keywords:

    oral proceedings;



  • Judgment 3888


    124th Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her with immediate effect for misconduct.

    Consideration 5

    Extract:

    The complainant has requested oral hearings. The Tribunal is satisfied that the complaint can be fairly and appropriately determined by reference to the written material filed by the parties. Accordingly, no order is made for an oral hearing.

    Keywords:

    oral proceedings;



  • Judgment 3877


    124th Session, 2017
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the date on which her retroactive promotion took effect.

    Consideration 3

    Extract:

    As the complaint turns on a simple question of law, and the submissions of the parties are sufficient to allow the Tribunal to reach a reasoned decision, there is no need to hold hearings.

    Keywords:

    oral proceedings;



  • Judgment 3876


    124th Session, 2017
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests the payment, after his death, of a pension for a surviving spouse to his wife and of an orphan’s pension to two children of whom he claims to be the biological father. He also claims allowances for dependent children.

    Consideration 1

    Extract:

    The complainant has requested the convening of a hearing, but in view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to hold such a hearing.

    Keywords:

    oral proceedings;



  • Judgment 3874


    124th Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that he has been deprived of his pension rights.

    Consideration 4

    Extract:

    The complainant requests oral proceedings. He does not include a list of witnesses and in fact does not substantiate his request. Considering that the abundant written submissions are clear and detailed, the Tribunal is satisfied that the complaint can be fairly and appropriately determined by reference to the written material filed by the parties. Accordingly, no order is made for oral proceedings.

    Keywords:

    oral proceedings;



  • Judgment 3867


    124th Session, 2017
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the WTO’s decision not to conduct an inquiry into his allegations of harassment.

    Consideration 2

    Extract:

    In the course of the proceedings, the complainant requested hearings, particularly with a view to obtaining the testimony of various witnesses.
    Contrary to what the complainant states in his rejoinder, the Tribunal is not bound to allow such a request. Article V of the Tribunal’s Statute clearly authorises it to agree or decline to hold oral proceedings. It is therefore open to the Tribunal, if it considers it appropriate, to dismiss a request for such proceedings (see, in particular, Judgments 3779, under 3, and 3780, under 3).
    The complainant’s contention that the Tribunal’s freedom to choose not to hold oral proceedings violates the European Convention on Human Rights is irrelevant. Indeed, apart from the fact that this contention appears unfounded, the Convention is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs (see, for example, Judgments 2236, under 11, 2611, under 8, or 2662, under 12).
    In the present case, in view of the extensive and detailed submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the issues raised by the case and does not therefore deem it necessary to hold oral proceedings.

    Reference(s)

    ILOAT reference: Article V of the Statute
    ILOAT Judgment(s): 2236, 2611, 2662, 3779, 3780

    Keywords:

    european convention on human rights; oral proceedings;



  • Judgment 3842


    124th Session, 2017
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her 2007 performance appraisal report.

    Consideration 2

    Extract:

    The complainant requests oral proceedings. However, the briefs and the evidence submitted by the parties are sufficient to enable the Tribunal to reach an informed decision. The complainant’s application for oral proceedings is therefore rejected.

    Keywords:

    oral proceedings;



  • 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 3

    Extract:

    Article V of its Statute clearly permits the Tribunal to agree or decline to hold oral proceedings. It is therefore open to the Tribunal, if it considers it appropriate, to dismiss a request for oral proceedings (see, inter alia, Judgments 3779, under 3, and 3780, under 3).
    The complainant’s contention that the Tribunal’s prerogative not to hold oral proceedings violates the European Convention on Human Rights is irrelevant. Apart from the fact that this contention appears unfounded, the Convention is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs (see, for example, Judgments 2236, under 11, 2611, under 8, or 2662, under 12).
    In the present case, in view of the extensive and detailed submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the issues raised by this application for review and does not therefore deem it necessary to hold oral proceedings.

    Reference(s)

    ILOAT reference: Article V of the Statute
    ILOAT Judgment(s): 2236, 2611, 2662, 3779, 3780

    Keywords:

    european convention on human rights; oral proceedings;



  • Judgment 3788


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to apply its recalculation of his reckonable previous experience with retroactive effect to the date of his entry into service.

    Consideration 1

    Extract:

    The complainant requests oral proceedings. This request is denied as his claims turn mainly on issues of principle and the related factual circumstances are clear and uncontroverted.

    Keywords:

    oral proceedings;



  • Judgment 3785


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his request for review of an EPO notice concerning patent applications, having regard to the composition of the Appeals Committee.

    Consideration 3

    Extract:

    As to the complainant’s request for oral proceedings, the Tribunal notes that the parties have presented their case extensively and comprehensively in their written submissions, which are sufficient to enable the Tribunal to reach a reasoned and informed decision on the only issue that must be determined at this stage. The request for oral proceedings is therefore rejected.

    Keywords:

    oral proceedings;

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Last updated: 07.03.2024 ^ top