Judgment No. 1168

• Organization: International Atomic Energy Agency (IAEA)
• Date: 15.07.1992
• Original: English
• Judges: Ducoux, Razafindralambo, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE APPLICATION IS DISMISSED.

Consideration 3

Extract:

"In his original complaint the applicant stated his claim in dollars and he was accordingly awarded and paid the amount in that currency. If there was any risk of loss due to fluctuations in the rate of exchange, he ought to have raised the issue in the context of his original complaint. [...] Since he chose to state his claim in dollars and succeeded, the matter is res judicata and he may not have it reconsidered. There is no merit in his plea that 'lack of experience' explains why he did not think of the effect of changing rates of exchange: ignorantia juris haud excusat."

Keywords

application for execution; res judicata; execution of judgment; currency of payment; exchange rate; duty to be informed; ignorance of the rules; duty to know the rules