Express decision (32,-666)

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Keywords: Express decision
Total judgments found: 28

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• Judgment 1176

  
  73rd Session, 1992
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6-7

  Extract:

  "The complainant has brought two similar complaints challenging [the same] decision. [...] He explains that since the time limit for answering his internal appeal ran out [...] he inferred rejection and filed a complaint. He then left on holiday and not until he got back - by which time his first complaint had already been filed - did he receive the letter of rejection. So it was only by way of precaution that he filed the second complaint, within the time limit, against that express decision. In the circumstances the two complaints are receivable and may be joined."

  Keywords:

  complaint; decision; express decision; failure to answer claim; implied decision; joinder; receivability of the complaint; time limit;
  

  
  
  

• Judgment 1096

  
  70th Session, 1991
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Since the complaints have met the requirements of [article] VII [of the Tribunal's Statute] and the time limits therein the plea of irreceivability fails. The organisation's belated decisions expressly rejecting the appeals do not alter the substance of the dispute, which turns on the rejection to be inferred from expiry of the time limit in [Article]VII(3)."

  Reference(s)

  ILOAT reference: ARTICLE VII(3) OF THE STATUTE
  
  

  Keywords:

  complaint; express decision; failure to answer claim; implied decision; late decision; receivability of the complaint; time limit;
  

  
  
  

• Judgment 902

  
  64th Session, 1988
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  "The only kind of decision against which appeal will lie to the Tribunal [is] one taken by the appointing authority, and whether it is individual or general, express or implied, does not matter."

  Keywords:

  complaint; condition; decision; express decision; general decision; implied decision; individual decision; receivability of the complaint;
  

  
  
  

• Judgment 762

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".

  Reference(s)

  ILOAT reference: ARTICLE VII(3) OF THE STATUTE
  
  

  Keywords:

  express decision; implied decision; internal remedies exhausted; provisional decision; receivability of the complaint; time limit;
  

  
  
  

• Judgment 607

  
  52nd Session, 1984
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  On questions of principle, the Tribunal holds that "a staff member whose fixed-term appointment has expired may not be declared out of time so long as his former employer has not informed him of the non-renewal. Normally, the non-renewal will be an explicit decision. Only where a staff member has expressly applied for renewal will rejection of his application be implied on the expiry of the time limits set".

  Keywords:

  condition; contract; express decision; fixed-term; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
  

  
  
  

• Judgment 533

  
  49th Session, 1982
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  The complainant had filed an internal appeal. He could have appealed against an implied decision to dismiss his claim, since the only communication which he had received was wholly informative and without legal effect. He then asked for confirmation of the rejection. The President's reply did constitute an express decision, the appeal was passed on to an advisory body. At that point, the complaint becomes irreceivable. There is no longer an implied decision to challenge, and the internal means of redress have not been exhausted.

  Keywords:

  absence of final decision; express decision; implied decision; internal appeal; internal remedies exhausted;
  

  
  
  

• Judgment 532

  
  49th Session, 1982
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  Vide Judgment 533, considerations 4 and 5.

  Reference(s)

  ILOAT Judgment(s): 533
  

  Keywords:

  absence of final decision; express decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted;
  

  
  
  

• Judgment 185

  
  27th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Article VII, paragraph 3, of the Statute of the Tribunal must be read in conjunction with paragraph 1 of the same article. "[T]he provision can apply only if a complainant has exhausted all internal means of resisting the decision open to him, and if he is impugning either an explicit decision or the implicit decision resulting from the failure of the Director-General of the organization, the final competent authority, to give a ruling on his claim."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  condition; express decision; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint;
  

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