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Application of law ex officio (542,-666)

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Keywords: Application of law ex officio
Total judgments found: 8

  • Judgment 3209


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses the ITU of having failed in its duty to ensure transparency in a selection process.

    Considerations 13 and 14

    Extract:

    The complainant applied for a post but was not selected. She asks the Tribunal to require disclosure of the file of the selection process.
    "[The Organisation] argues that the complainant’s request for the communication of the file is a claim made for the first time in her complaint and must therefore be dismissed as irreceivable. However, as the complainant rightly observes, this is not a new claim which would be subject to the rule on the exhaustion of internal remedies. In this instance, it is merely a request made on the basis of Article 11 of the Rules of the Tribunal, for the Tribunal to use its powers of investigation, which it can in fact do on its own motion.
    The defendant also stated that if the Tribunal considered that the information supplied in support of its arguments was insufficient, it would transmit the file of the selection process for the exclusive attention of the Tribunal. [...] The Tribunal recalls that, according to the adversarial principle, all documents submitted to it by a party to the proceedings must be communicated to the other party. It will be for the organisation itself, if it considers this necessary in order to protect the interests of third parties, to conceal identities to the required extent in the documents produced."

    Reference(s)

    ILOAT reference: Article 11 of the Rules of the Tribunal

    Keywords:

    adversarial proceedings; application of law ex officio; competition; disclosure of evidence; interlocutory order; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 2567


    101st Session, 2006
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[I]t must be recalled that according to Article VII, paragraph 1, of the Statute of the Tribunal '[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations'. The Tribunal will on its own motion examine whether this condition of receivability is met (see Judgments 60, 1082 and 1095).

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute of the Tribunal
    ILOAT Judgment(s): 60, 1082, 1095

    Keywords:

    application of law ex officio; complaint; condition; decision; iloat; iloat statute; internal remedies exhausted; provision; receivability of the complaint; staff member's duties; staff regulations and rules;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."

    Keywords:

    application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;



  • Judgment 762


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

    Consideration 1

    Extract:

    "before the tribunal will join two or more complaints two conditions must be fulfilled. the first is that the substance of the claims must be the same, whatever their wording. the second is that the material facts, viz. those on which the claims rest, should be the same. [...] it is immaterial that the complainants advance more or less different pleas since the content of the pleas lays no constraint on the tribunal's ruling."

    Keywords:

    application of law ex officio; complaint; condition; definition; identical claims; joinder;



  • Judgment 663


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "before the tribunal will join complaints and deal with them in a single judgment two conditions must be fulfilled. the first is that the substance of the claims must be the same. whether they are stated differently is of no account: what matters is that the tribunal should be able to rule on them in a single decision. the second condition is that the material facts, viz. those on which the claims rest and which are relevant thereto, should be the same. the complaints need not all contain the same arguments and rest on the same legal reasoning. the tribunal rules as it sees fit and is not constrained by the parties' submissions."

    Keywords:

    application of law ex officio; condition; identical claims; identical facts; joinder;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "this rule means, first, that the complaint to the tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. there is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. since the tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."

    Keywords:

    application of law ex officio; complaint; internal appeal; internal remedies exhausted; new claim; new plea; receivability of the complaint;



  • Judgment 245


    33rd Session, 1974
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Although the complainant has not expressly put forward this argument [unwarranted conclusions drawn from the evidence], the Tribunal feels bound to consider it since its jurisdiction requires it to apply the law."

    Keywords:

    application of law ex officio; mistaken conclusion; tribunal;



  • Judgment 101


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The organisation may not be held to have misled the Tribunal by not referring to the case law; it is for the Tribunal itself to identify all relevant decisions.

    Keywords:

    application of law ex officio; case law;


 
Last updated: 19.06.2019 ^ top