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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 322


    39th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Insofar as these new claims [presented in a supplementary brief] go beyond those contained in the complaint they are irreceivable."

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 317


    39th Session, 1977
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    According to its Regulations, the Provident Scheme is a fund within the meaning of the Swiss Civil Code "and it is therefore an independent legal entity distinct from [the organisation] itself." Had the complainant wished to impugn a decision of the Secretary of the fund, "she ought to have brought her complaint against the Scheme, not the [organisation]. But the complaint is brought against the [organisation], not the Scheme, and so would be irreceivable."

    Keywords:

    competence of tribunal; decision; domestic law; insurance; receivability of the complaint;

    Consideration 2

    Extract:

    The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;



  • Judgment 314


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The interveners "have an interest in the quashing of the impugned decision [concerning the with holding of salary for strike action] and their applications are therefore receivable."

    Keywords:

    deduction; intervention; receivability of the complaint; salary; strike;



  • Judgment 313


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."

    Keywords:

    administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;



  • Judgment 306


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The ninety-day time limit expired on 9 May; but since this day was a sunday, the complaint registered by the Registry on 10 May was receivable.

    Keywords:

    complaint; exception; public holiday; receivability of the complaint; time limit;



  • Judgment 305


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Since no appeal lay to the Appeals Committee, the internal authority which took the decision was the last instance."

    Keywords:

    complaint; decision; decision-maker; internal appeal; internal remedies exhausted; receivability of the complaint;

    Consideration 1

    Extract:

    "[T]hat further decision was a refusal to reconsider [the earlier decision] and is therefore a mere confirmation: it cannot give rise to a new ninety-day period when the first was allowed to lapse."

    Keywords:

    complaint; confirmatory decision; new time limit; receivability of the complaint; time bar;

    Consideration 1

    Extract:

    "According to Article VII of the Statute of the Tribunal a complaint shall not be receivable unless the internal means of redress have been exhausted and the complaint was filed within ninety days after the notification of the impugned decision. Hence only a final decision may prompt a complaint and the period of ninety days runs from the date of notification."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    complaint; date of notification; decision; internal appeal; internal remedies exhausted; receivability of the complaint; start of time limit; time limit;

    Consideration 1

    Extract:

    "It is immaterial that in its report [...] the Appeals Committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. It is for the Tribunal to see whether Article VII of its own Statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    competence of tribunal; date; decision; internal appeals body; judicial review; mistaken hearing of merits; receivability of the complaint; start of time limit;



  • Judgment 300


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Since the complainants' claims for relief are dismissed in their entirety, so too are the applications to intervene, of which the receivability need not therefore be considered."

    Keywords:

    intervention; receivability of the complaint;



  • Judgment 296


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 2

    Extract:

    The complainant, an official of the ILO, requests that the UNDP pay him compensation for the loss of and damage to his personal effects. "The complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. It is manifest that in a complaint against an organisation the Tribunal cannot make an order requiring payment by some other body." Although the complainant might allege that the UNDP were acting as agents of the organisation to make it responsible, the Tribunal will not decide the question of receivability on this ground.

    Keywords:

    compensation; competence of tribunal; injury; organisation; other; personal effects; receivability of the complaint;

    Considerations 4 and 5

    Extract:

    The complainant, after supplying details of his loss and damage, received an indemnity. The amount being small, he requested "if it was possible to re-examine the case. No reply was made to this letter and [...] the complainant [then] filed his complaint with the Tribunal. He did not lodge a complaint with the Director-General and he does not state any decision by the Director-General from which he is appealing. [...] The complaint is therefore time-barred and as such irreceivable."

    Keywords:

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



  • Judgment 292


    38th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The article was amended by an office note. "The complainant's request for an interpretation of [the article] is a request for a decision relating to him; it may be made at any time and is not subject to any time limit. [The administration] never gave any decision upon the interpretation of [this] article [...] or upon the relationship to it of the office notices; this [...] is the substantial question in this case."

    Keywords:

    administrative instruction; amendment to the rules; decision; failure to answer claim; interpretation; provision; receivability of the complaint; request by a party; staff regulations and rules; time limit;

    Consideration 13

    Extract:

    The complaint seeks the refund of education expenses. "On [the first day of every month] the organisation, if the complainant is right, acted adversely towards him by failing to adopt the measure prescribed [...]. However, the time limit of three months, running backwards from the [date of] application [...] means that claims in respect of [earlier] payments are time-barred."

    Keywords:

    allowance; complaint allowed; continuing breach; decision quashed; education expenses; injury; payment; receivability of the complaint; refund; time bar;



  • Judgment 291


    38th Session, 1977
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The complaint [as submitted] is not [...] in due and proper form and does not contain all the information desired. While the Tribunal does not hold the complaint irreceivable, it can consider only the pleas made by the complainant in the memoranda before it."

    Keywords:

    complaint; consequence; formal requirements; judicial review; limits; receivability of the complaint;



  • Judgment 280


    37th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "According to Article II, paragraph 1, of its Statute the Tribunal may hear complaints lodged by officials subject to its jurisdiction alleging non-observance of the terms of their appointment or the Staff Regulations. The present complaint fulfils those requirements and is therefore receivable. It is immaterial that the complainant left the service of the organisation [...] since he is contesting decisions taken earlier. [...] To be receivable a complaint need only [...] allege breach of provisions or principles applicable to the staff."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    cause of action; competence of tribunal; consequence; receivability of the complaint; separation from service;



  • Judgment 279


    37th Session, 1976
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    According to paragraph 3 of Article VII of the Statute of the Tribunal, "where the complainant alleges failure to take a decision, or an implied decision to dismiss his appeal, the period of ninety days shall run from the expiration of the sixty days allowed for the taking of the decision by the administration."

    Reference(s)

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

    Keywords:

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

    Consideration 2

    Extract:

    "Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint shall not be receivable unless the internal means of redress have been exhausted. The right to submit a claim to an advisory body is regarded as an internal means of redress." In the present case, any decision taken by the administration and challenged by a staff member had to be referred within thirty days to the Advisory Board. "The complainant did not at any time appeal to that board and thereby failed to have recourse to internal means of redress at his disposal."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    absence of final decision; advisory body; internal remedies exhausted; receivability of the complaint;



  • Judgment 278


    37th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Although the applications to intervene [...] all of which have been submitted by [...] staff members who have an interest in the quashing of the impugned decision, are receivable, they are, like the complaints themselves, unfounded."

    Keywords:

    cause of action; intervention; receivability of the complaint;

    Considerations

    Extract:

    "The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."

    Keywords:

    adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;



  • Judgment 277


    37th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;

    Consideration 1

    Extract:

    "It is immaterial that the Appeals Committee may have erred in hearing the appeal. The fact is that it gave its views and consequently the complainant had recourse to the internal means of redress available to him."

    Keywords:

    consequence; internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit;

    Consideration 1

    Extract:

    "Although the Tribunal must determine whether its own time limit for filing a complaint has been respected, it will not review the observance of procedural rules in internal bodies. It merely notes that such bodies have heard the appeal. The most that can be said is that matters would have been different had the Director-General in his final decision expressed reservations on the propriety of the appeals procedure."

    Keywords:

    internal appeal; internal appeals body; judicial review; procedure before the tribunal; receivability of the complaint; time limit;

    Consideration 1

    Extract:

    The organisation contends that the complainant first made the material claim in the complaint he filed with the Tribunal. The Tribunal holds that "the complainant merely repeats in different terms the claim made in his letter [to the Director-General]."

    Keywords:

    new claim; receivability of the complaint;



  • Judgment 275


    36th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "It is not necessary to consider whether the internal time limit was respected since the Appeals Committee decided on the merits."

    Keywords:

    internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar; time limit;



  • Judgment 272


    36th Session, 1976
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The request which the complainant addressed to the organization was never either accepted or rejected. She then filed a complaint with the Tribunal and "based it on the silence of the organization and on Article VII, paragraph 3, of the Tribunal's Statute. The organization does not dispute that the complaint falls within Article VII and accordingly, so far as that article is concerned, the complaint is receivable."

    Reference(s)

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

    Keywords:

    complaint; direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 270


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    claim; complaint; condition; internal appeal; internal remedies exhausted; receivability of the complaint;

    Consideration 3

    Extract:

    "In view of the explanations which it contains, and in particular the reference to a circular subsequent to the notification [contested by complainant], the reply [by the organisation] is not a mere confirmation of that notification. In fact it is a new decision which gave rise to a new time limit for appeal."

    Keywords:

    confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time limit;



  • Judgment 269


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."

    Keywords:

    claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;



  • Judgment 263


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Article VII, paragraph 3, of the Statute of the Tribunal prescribes the possibility of appealing to the Tribunal where the administration fails to take a decision upon a claim within sixty days from the notification of that claim. [A provision] of the Staff Regulations [...] lays down the same rule in a different form. It provides that if a claim addressed to the Director-General or the Administrative Council has not been decided upon within sixty days of the date of its notification or submission it is deemed to be dismissed."

    Reference(s)

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

    Keywords:

    direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 261


    35th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."

    Keywords:

    breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;

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Last updated: 02.07.2020 ^ top