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Settlement out of court (98,-666)

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Keywords: Settlement out of court
Total judgments found: 59

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  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect, the decision- maker being empowered to withdraw the earlier decision so long as he does not thereby offend against the rights of any third party. The withdrawal may be likened to reversal, and if there happens to be an appeal pending there will be no cause of action."

    Keywords:

    acquired right; consequence; limits; settlement out of court; withdrawal of decision;



  • Judgment 934


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

    Consideration 3

    Extract:

    The complainant invites the Tribunal to declare the two reprimands imposed on him void ab initio. The claim to have the first declared void is res judicata, the Tribunal having already dismissed it in its Judgment no. 801 because the decision had been previously withdrawn. As the second reprimand has also been withdrawn, the Tribunal dismisses the claim to have it declared void as well.

    Reference(s)

    ILOAT Judgment(s): 801

    Keywords:

    application for quashing; cause of action; censure; no cause of action; res judicata; settlement out of court;



  • Judgment 931


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

    Consideration 1

    Extract:

    "The Director-General of CERN decided on the strength of a report by the Joint Advisory Appeals Board to allow the complainant's internal appeal and so informed him by [...] letter [...] the decision was later put into effect. The Tribunal therefore need not rule on the main heads of claim, which have been met."

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;

    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 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 846


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."

    Keywords:

    application for quashing; cause of action; censure; disciplinary measure; no cause of action; settlement out of court; statement of intent;



  • Judgment 764


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

    Summary

    Extract:

    The complainant, who is challenging the reckoning of amounts docked from his salary for strike action, obtained satisfaction after he had filed the complaint. His complaint is now without substance. Inasmuch as there were grounds for him to come before the Tribunal at the time of filing, the complainant is entitled to costs.

    Keywords:

    case pending; cause of action; costs; exception; no cause of action; settlement out of court;



  • Judgment 639


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant is claiming payment of his salary in full until such time as it is replaced with a pension. In his rejoinder, he acknowledges having obtained satisfaction. His claim is therefore devoid of substance.

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;



  • Judgment 638


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    In view of certain measures which have been taken, the complainant's claims "have no substance and the Tribunal need not rule on them."

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;



  • Judgment 587


    51st Session, 1983
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The organization was [...] quite free to revoke the decision cancelling the complainant's right to benefit as a fund participant. Since he is thereby reinstated in the rolls there is no substance to his claim for the quashing of the decision to remove him, nor to his related claims [...] These are matters on which the Tribunal need not rule."

    Keywords:

    cause of action; no cause of action; settlement out of court; withdrawal of decision;



  • Judgment 500


    48th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant's subsidiary claim is for money due by way of family allowance. The organisation "says that it has paid the amount to the complainant and submits that there is no cause of action. Since the complainant has filed no rejoinder, he presumably does not challenge the statement and there being no cause of action, the claim fails."

    Keywords:

    cause of action; no cause of action; payment; settlement out of court;



  • Judgment 393


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."

    Keywords:

    appointment; cause of action; competition; flaw; no cause of action; procedural flaw; settlement out of court;



  • Judgment 276


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The Director-General having initiated the procedure which the complainant requested, his satisfaction has thus been obtained. The "complaint being devoid of substance, no decision is called for thereon."

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;



  • Judgment 253


    34th Session, 1975
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (E)

    Extract:

    "[A]fter filing her complaint and subsequently obtaining satisfaction the complainant withdrew suit and [...] she should therefore be awarded costs - as indeed the organization agrees - which [...] are fairly determined at 520 dollars".

    Keywords:

    case pending; costs; exception; settlement out of court; withdrawal of suit;



  • Judgment 146


    23rd Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.

    Keywords:

    case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;



  • Judgment 88


    15th Session, 1965
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Both parties having agreed to the settlement of the complainant's claims by means of the payment of compensation, the Tribunal's task is confined to fixing the amount of such compensation. In any event, the complainant is entitled only to compensation for the injury actually caused to him by the rescinded decision."

    Keywords:

    amount; compensation; competence of tribunal; complainant; offer; organisation; reckoning; right; settlement out of court;



  • Judgment 85


    14th Session, 1965
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    A letter sent by the organisation to the complainant effectively rescinded the decision and therefore invalidated the appeal, insofar as it is directed against that decision. It also "gave [the complainant] an opportunity of choosing between three possible courses of action; on this point the letter itself involved no decision and could not therefore be submitted to the Administrative Tribunal."

    Keywords:

    cause of action; no cause of action; receivability of the complaint; settlement out of court;



  • Judgment 60


    10th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The Tribunal records the fact that the organization complied with complainant's submissions. In respect of that complaint, the complainant is entitled to costs."

    Keywords:

    case pending; costs; exception; settlement out of court;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant's claim for damages was well-founded. Compensation was paid to him after filing, but before the complaint was heard by the Tribunal. The complainant is entitled to costs. "As the Tribunal does not award costs to defendant organizations, the above-mentioned costs cannot be set off against costs in respect of the mistaken claim for transportation expenses withdrawn by the complainant after the submission of the organization's reply."

    Keywords:

    case pending; compensation; costs; exception; offer; organisation; settlement out of court;



  • Judgment 33


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."

    Keywords:

    acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;

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Last updated: 07.03.2024 ^ top