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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: 682

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  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The quashing of the transfer was a new claim and [the complainant's] appeal was about quite other matters. On these grounds alone his challenge to the transfer is irreceivable".

    Keywords:

    new claim; receivability of the complaint;



  • Judgment 818


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant may "impugn the decision because it was based on a new method of reckoning. The change is of such a kind as to warrant challenging a method that has the effect of revising the system of steps within grade."

    Keywords:

    amendment to the rules; cause of action; general decision; professional experience; provision; receivability of the complaint; reckoning; seniority;

    Consideration 3

    Extract:

    "The EPO contends that the complaint is irreceivable on the grounds that the claims for redress are not the same as those that made up the internal appeal. The Tribunal rejects the plea. As the EPO acknowledges, the claims that are before the Tribunal are covered by the ones that were before the Appeals Committee."

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 804


    61st Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4

    Extract:

    At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."

    Keywords:

    absence of final decision; complaint; correction of complaint; date; internal remedies exhausted; late decision; receivability of the complaint;



  • Judgment 801


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

    Consideration 8

    Extract:

    "The invitation to the complainant to submit observations does not constitute a challengeable decision: the letter merely states the intention of imposing a reprimand."

    Keywords:

    cause of action; censure; no cause of action; receivability of the complaint; statement of intent;

    Consideration 11

    Extract:

    The complainant's claims to "effective measures preventing further persecution" and recognition of his right to go back to his post in The Hague are irreceivable because he is not challenging any decision adversely affecting him.

    Keywords:

    cause of action; claim; no cause of action; receivability of the complaint;



  • Judgment 791


    60th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."

    Keywords:

    amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;

    Consideration 2

    Extract:

    "[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."

    Keywords:

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



  • Judgment 788


    60th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal has not thus far set a time limit for seeking review of its judgments. In this case, it considers the delay of nine years entirely unreasonable.

    Keywords:

    application for review; reasonable time; receivability of the complaint; time limit;



  • Judgment 786


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."

    Keywords:

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



  • Judgment 775


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."

    Keywords:

    advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;



  • Judgment 764


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

    Consideration 4

    Extract:

    "A decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury. One that has no effect on his position is not, for example an act which is not operative but a mere declaration of intent."

    Keywords:

    cause of action; complaint; injury; lack of injury; no cause of action; receivability of the complaint; statement of intent;



  • Judgment 763


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

    Consideration 3

    Extract:

    "Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".

    Keywords:

    appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;



  • 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 759


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

    Consideration 2

    Extract:

    "With one exception any decision by the EPO may be challenged before the Tribunal as is prescribed in its Statute. The exception is a decision that merely confirms or reproduces the original one and is not based on any further inquiry or any new grounds. But there will be confirmation only if the later decision is identical in substance to the original one."

    Keywords:

    confirmatory decision; definition; receivability of the complaint; same purpose;



  • Judgment 752


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

    Consideration 4

    Extract:

    "Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."

    Keywords:

    exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 738


    58th Session, 1986
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    At the end of a correspondence with the office of the Director-General, the complainant wrote that he would assume that no appeal lay against the Director-General's decision, unless the organisation informed him that this was not the case. The Tribunal holds that as the holder of a Ph.D. in law and head of finance and legal affairs, the complainant should know that the Director-General has no power to absolve an official from his obligation to exhaust the means of redress open to him.

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; internal remedies exhausted; receivability of the complaint;



  • Judgment 732


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "This complaint is not about execution as such but about the allegedly harmful consequences of the way in which the FAO executed Judgment 620. That is not a matter that is ordinarily connected with execution and it is therefore one that must go through the internal appeal procedure before it can come to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 297, 620

    Keywords:

    application for execution; complaint; consequence; execution of judgment; injury; internal remedies exhausted; judgment of the tribunal; new claim; receivability of the complaint;



  • Judgment 730


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."

    Keywords:

    administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;



  • Judgment 727


    58th Session, 1986
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."

    Keywords:

    complaint; effect; inquiry; municipal court; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 725


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant impugns a decision of the President approving his performance report for 1980 and 1981. Because the complainant failed to exhaust the internal means of redress by awaiting the report of the Appeals Committee and the President's final decision before filing his complaint, the complaint is irreceivable.

    Keywords:

    absence of final decision; internal remedies exhausted; performance report; receivability of the complaint;

    Consideration 4

    Extract:

    The complainant submitted the same claims in his sixth and seventh complaints, asking for six months' salary and financial compensation. Therefore identical claims may not twice be submitted to the same instance, the claims re-submitted in his seventh complaint are irreceivable.

    Keywords:

    identical claims; receivability of the complaint; res judicata;



  • Judgment 724


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to Article VII(3) of the Statute of the Tribunal, an official may have recourse to the Tribunal where the administration fails to take a decision upon his claim within 60 days of its notification."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

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



  • Judgment 723


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.

    Keywords:

    burden of proof; complaint; date of notification; decision; evidence; lack of evidence; presumption; receivability of the complaint; time bar;

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Last updated: 07.08.2020 ^ top