New claim (19, 647,-666)
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Keywords: New claim
Total judgments found: 101
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Judgment 2218
95th Session, 2003
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".
Keywords:
claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;
Judgment 2213
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The financial claims the complainant submits in his application for review are greater than those he put forward in the proceedings of the judgment he wants to have reviewed. "To that extent, they are [...] irreceivable on the grounds that internal remedies have not been exhausted."
Keywords:
allowance; application for review; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1792
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)
Reference(s)
ILOAT Judgment(s): 365, 366
Keywords:
application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;
Judgment 1519
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The organization "objects that [one of] the complainants' [pleas] is irreceivable because they did not put it forward in support of their original claim. The objection is mistaken: receivability depends on the making of prior claims, not of prior pleas. [...] They may enter whatever pleas they like, including any they did not make in support of their internal appeal."
Keywords:
claim; complaint; internal appeal; new claim; new plea; receivability of the complaint;
Judgment 1504
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"It is not appropriate for [the complainant] to make a counterclaim to damages [for the moral injury allegedly caused to her] in the context of her submissions on an application by the organization for review [...] The claim arises out of a separate cause of action and is one that she should pursue separately."
Keywords:
application for review; claim; counterclaim; moral injury; new claim;
Judgment 1443
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant may not put wider claims to the Tribunal than in the internal appeal".
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1433
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;
Judgment 1431
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The EPO described [the complainant's] complaint as "an abuse". But it does not ask the Tribunal to dismiss it as irreceivable for that reason. "The defendant is merely exercising the freedom of speech that any litigant must be allowed, short of resorting to offensive or insulting language." the complainant's claim to damages on that account fails.
Keywords:
criteria; freedom of speech; limits; new claim; organisation; rejoinder; reply; submissions; vexatious complaint;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;
Judgment 1341
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;
Judgment 1322
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
His claim "is irreceivable under Article VII(1) of the Tribunal's Statute because he did not make it in the context of his internal appeal and has therefore failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
iloat statute; internal appeal; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1295
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An application for review of a judgment obviously may not afford an opportunity for making new claims. The Tribunal therefore declines to entertain claims (2), (3) and (7) of the present application because they are new."
Keywords:
application for review; new claim;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."
Keywords:
claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1253
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is seeking the review of a judgment in which the Tribunal dismissed a prior application for review. "He is yet again seeking the rehearing of his claims, besides adding a fresh one to after-service medical insurance coverage. He puts forward no admissible grounds whatever for review of Judgment 1027 and his application for review must therefore be rejected in accordance with the summary procedure provided for in Article 8(3) of the Rules of court."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
ILOAT Judgment(s): 1027
Keywords:
application for review; new claim; summary procedure;
Judgment 1149
72nd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1145
72nd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim to reinstatement is irreceivable under Article VII(1) of the Tribunal's Statute because it has not formed part of any internal 'complaint' from him under Article 13.2 of the Staff Regulations and he has therefore failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 13.2 OF THE ILO STAFF REGULATIONS
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Although a complainant may put forward a new plea at any point in proceedings before the Tribunal, he may not in his rejoinder enlarge the scope of his claims as stated in his original complaint."
Keywords:
new claim; new plea; receivability of the complaint; rejoinder;
Judgment 909
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"As a rule, claims put forward in a rejoinder are receivable only if they come within the ambit of the claims as stated in the complaint."
Keywords:
condition; new claim; receivability of the complaint; rejoinder;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The claim [...] did not form part of the internal appeals - because the change came later - and may not be put forward for the first time in complaints to the Tribunal. It fails because it is irreceivable."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 846
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
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