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Judgment No. 1220

Decision

THE APPLICATION IS DISMISSED.

Consideration 4

Extract:

The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."

Reference(s)

ILOAT Judgment(s): 732, 764

Keywords

complaint; application for execution; injury; lack of injury; status of complainant; receivability of the complaint; cause of action; case law; cause



 
Last updated: 23.11.2017 ^ top