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Receivability of the complaint (76, 77, 78, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)

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Keywords: Receivability of the complaint
Total judgments found: 677

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  • Judgment 949


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."

    Keywords:

    cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;



  • Judgment 944


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

    Consideration 2

    Extract:

    The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

    Keywords:

    complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;



  • Judgment 941


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."

    Keywords:

    complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."

    Keywords:

    complaint; condition; internal appeal; new plea; receivability of the complaint;



  • Judgment 935


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

    Consideration 2

    Extract:

    "No final decision has yet been taken on conclusion of the conciliation procedure. As the organisation observes in its reply, the conciliation procedure does not form part of the appeal proceedings and [...] is not subject to any time limit."

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; time limit;



  • Judgment 931


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.

    Keywords:

    absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;



  • 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 923


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's "claim to costs is receivable because the organisation did not answer his claim to the refund and indeed did nothing at all until he had actually filed this complaint."

    Keywords:

    case pending; costs; exception; receivability of the complaint; settlement out of court;



  • Judgment 918


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

    Consideration 9

    Extract:

    "Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."

    Keywords:

    consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 911


    64th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The organization [...] accepts as a term of every contract of appointment its duty to respect freedom of association, and anyone who has such a contract may challenge any decision that impairs that freedom. What the complainant is saying - indeed it is the sole issue - is that the organization acted in breach of freedom of association. His complaint is therefore receivable insofar as he is suing in his own name."

    Keywords:

    competence of tribunal; enforcement; freedom of association; locus standi; official; receivability of the complaint; staff regulations and rules; staff representative;

    Consideration 2

    Extract:

    The list of those to whom the Tribunal is open as given in Article II[6] of the Statute of the Tribunal "is exhaustive. For one thing, it does not include bodies that have legal personality. For another, even supposing the association, though it is an official body, did not have personality in law but was just a de facto group, it does not hold a contract of appointment with the organization. On both counts it does not have access to the Tribunal under Article II and the complaint is irreceivable insofar as it purports to be a party."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; receivability of the complaint; staff representative; staff union;

    Consideration 4

    Extract:

    "Every staff member enjoys [...] freedom [of association]. Since the exercise of it may be affected by the Tribunal's judgment, the applications are receivable."

    Keywords:

    cause of action; freedom of association; intervention; receivability of the complaint;



  • 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 905


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Under Article VII[1] of the Tribunal's Statute a complaint will not be receivable unless it challenges a final decision or, under VII[3], an implied one. Since the organisation did not take an express final decision within 60 days of the date on which the complainant notified his claim by letter of 4 June 1987, his claim is receivable under VII[3] in the same manner as one challenging an express final decision."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
    Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS

    Keywords:

    failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;



  • Judgment 903


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Since the complainant was informed of the decision more than ninety days before filing, his complaint was not lodged within the time limit in Article VII(2) of the Statute and is not receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

    Keywords:

    abolition of post; complaint; date of notification; decision; receivability of the complaint; termination of employment; time bar;



  • Judgment 902


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

    Consideration 25

    Extract:

    The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".

    Keywords:

    competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;

    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 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 898


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."

    Keywords:

    advisory opinion; cause of action; competence of tribunal; complainant; interpretation; receivability of the complaint; request by a party; staff regulations and rules; tribunal; vague claim;



  • Judgment 894


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant's appointment ended in 1976. The complainant lodged an internal appeal in 1984. The complaint is irreceivable.

    Keywords:

    complaint; internal appeal; receivability of the complaint; separation from service; time bar;



  • Judgment 887


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    Certainty of the position in law requires the complainant to state clearly what it is he wants. The Tribunal observes that in both his internal appeal and the present complaint, the complainant has failed to indicate the specific documents or type of document he wished to have included in his personal file. Nor has he made clear the reasons for his action. In the present state of the dossier, his complaint is an abuse of the right of appeal under the Statute of the Tribunal.

    Keywords:

    cause of action; complaint; elements; no cause of action; personal file; receivability of the complaint; vague claim; vexatious complaint;

    Considerations 7 and 8

    Extract:

    "Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."

    Keywords:

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



  • Judgment 886


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Since the rights Mr. B. is relying on in his application [to intervene] were ruled on once and for all in Judgment 855, the res judicata rule bars him from raising the same issues again by other means and his application is therefore irreceivable."

    Reference(s)

    ILOAT Judgment(s): 855

    Keywords:

    intervention; receivability of the complaint; res judicata;



  • Judgment 882


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;

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Last updated: 02.07.2020 ^ top