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Judgment No. 1611

Decision

The complaint is dismissed.

Consideration 14

Extract:

"It was open to the complainant to withdraw the obviously premature complaint [...] and lodge a new one which complied with the time limit in Article VII(3) [of the Tribunal's Statute]. What his counsel supplied [...] was no new complaint but merely a version of the original one corrected in compliance with the Registrar's instructions. So for the purpose of a ruling on his observance of the time limit his complaint is still the [the original one]." The claim in that complaint being therefore premature, it is for that reason irreceivable too.

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE

Keywords

complaint; absence of final decision; implied decision; failure to answer claim; receivability of the complaint; time limit; correction of complaint; iloat statute



 
Last updated: 13.05.2020 ^ top