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Mistaken hearing of merits (89,-666)

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Keywords: Mistaken hearing of merits
Total judgments found: 9

  • Judgment 2297


    96th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[I]f an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal would not entertain a complaint challenging the decision taken on a recommendation by that body (see Judgment 775, under 1)."

    Reference(s)

    ILOAT Judgment(s): 775

    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 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 575


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complaint is declared irreceivable, the internal means of redress not having been exhausted. the appeal was submitted to the president after the time-limit laid down in the regulations had run out. it is immaterial that the appeals committee considered the complainant's case on the merits; its opinion does not prevent the tribunal from observing that the time limit was not respected.

    Reference(s)

    ILOAT reference: ARTICLE VII PARAGRAPH 1 OF THE ILOAT STATUTE

    Keywords:

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



  • Judgment 397


    43rd Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    the organisation maintains that the complaint is irreceivable because the internal board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "although the appeal board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] the appeal board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."

    Keywords:

    internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; procedure; receivability of the complaint;



  • Judgment 327


    39th Session, 1977
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    a complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the tribunal is therefore receivable. an organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "in ruling on such contentions the tribunal does not ... admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."

    Keywords:

    complaint; consequence; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint;



  • Judgment 305


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

    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 ILOAT 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 277


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

    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;



  • 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 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    if the time limit had expired, "the director-general could indeed have refused to consider the complainant's protest. however, the ruling given ... on his instructions makes no reference to the expiry of the time limit. failure to observe a time limit laid down by the [applicable provision] is not [a flaw] which can be pleaded at a later stage in the procedure."

    Keywords:

    flaw; internal appeal; mistaken hearing of merits; procedural flaw; time bar; time limit;


 
Last updated: 12.08.2019 ^ top