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Reply confined to receivability (171,-666)

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Keywords: Reply confined to receivability
Total judgments found: 11

  • Judgment 2525


    100th Session, 2006
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The defendant sent the President of the Tribunal a letter requesting permission to confine its reply to the issue of the complaint's receivability. "For the sake of the good administration of justice [...] the President, who is authorised to direct proceedings (see Judgment 809), decided exceptionally to grant the Organization's request to confine its reply to the issue of receivability."

    Reference(s)

    ILOAT Judgment(s): 809

    Keywords:

    discretion; exception; president of tribunal; reply confined to receivability;



  • Judgment 1486


    80th Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "When the defendant organisation submits a reply it must enable the Tribunal to render a complete ruling on the dispute. If it chooses to argue only procedural issues, that may - even if it does not so intend - amount to dilatory tactics that hold up the ruling, and the risk is that the Tribunal may treat the complainant's allegations of fact as established."

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; reply; reply confined to receivability; submissions;



  • Judgment 1102


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complaint being plainly irreceivable, the EPO applied for and got leave from the Tribunal to confine its reply to receivability.

    Keywords:

    acceptance; reply confined to receivability; tribunal;



  • Judgment 935


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

    Consideration 4

    Extract:

    "the complainant questions the impartiality of the president of the tribunal on the grounds that the president allowed the epo's application for permission to confine its reply to the issue of receivability. the president took that decision by virtue of his general authority to direct proceedings. even when the president has granted permission to reply only on receivability the tribunal may still declare a complaint receivable and order further pleadings on the merits, as indeed it did in judgment 852."

    Reference(s)

    ILOAT Judgment(s): 852

    Keywords:

    bias; challenge of member; competence of tribunal; procedure; reply confined to receivability; tribunal;



  • 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 801


    61st Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the complainant raises a preliminary objection to the authorisation the president of the tribunal granted to the epo to confine its reply to the issue of receivability. the plea fails because the president takes such a decision by virtue of his general authority to regulate proceedings before the tribunal. besides, the tribunal may alter his decision at any time. there is therefore no reason why, as the complainant asks, the president should withdraw from the case."

    Keywords:

    competence; president of tribunal; reply confined to receivability;



  • Judgment 574


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

    Consideration 3

    Extract:

    "the tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. if the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the tribunal, before filing the reply, for permission to confine his arguments to that point. otherwise he will incur the danger that the tribunal declare the allegations of fact in the complaint to be established."

    Keywords:

    acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;

    Consideration 2

    Extract:

    The organisation committed an error of law by relying on res judicata and refusing to take up the case and consider the complainant's arguments during internal proceedings. The organisation argues the merits before the court only subsidiarily and very briefly, and it fails to answer most of the complainant's pleas.

    Keywords:

    reply confined to receivability; res judicata;

    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 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 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: 19.07.2019 ^ top