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Judgment No. 2011



Consideration 18


"According to the case law of the Tribunal, for a decision, taken after an initial decision has been made, to be considered as a new decision (setting off new time limits for the submission of an internal appeal) the following conditions are to be met. The new decision must alter the previous decision and not be identical in substance, or at least must provide further justification, and must relate to different issues from the previous one or be based on new grounds (see Judgments 660 [...] and 759 [...]). It must not be a mere confirmation of the original decision (see Judgment 1304 [...]). The fact that discussions take place after a final decision is reached does not mean that the organization has taken a new and final decision. A decision made in different terms, but with the same meaning and purport as a previous one, does not constitute a new decision giving rise to new time limits (see Judgment 586 [...]), nor does a reply to requests for reconsideration made after a final decision has been taken (see Judgment 1528 [...])."


ILOAT Judgment(s): 586, 660, 759, 1304, 1528


decision; confirmatory decision; cumulative decisions; receivability of the complaint; formal requirements; same purpose; time limit; new time limit; start of time limit; time bar; case law; condition; definition

Last updated: 22.08.2016 ^ top