Judgment No. 2943

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 08.07.2010
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The Commission shall pay the complainant an amount equivalent to 12 months' salary, allowances and other benefits based on the amount that he would have earned had his appointment been extended for 12 months from 29 November 2007.
3. It shall pay him 5,000 United States dollars in moral damages.
4. It shall also pay him 5,000 dollars in costs.
5. All other claims are dismissed.

Consideration 9

Extract:

"The essence of a recommendation or proposal is that it is directed to some definite course of action."

Keywords

recommendation; proposal; purpose

Consideration 4

Extract:

The Commission contests the receivability of the complaint on the grounds of violation of the principles of double jeopardy and of res judicata, as well as violation of paragraphs 1 and 2 of Article 5 of the Rules of the Tribunal. As a power of attorney was filed with the Tribunal’s Registrar, who, in accordance with Article 6 of the Rules, then forwarded a copy of the complaint to the defendant organisation, there is no violation of Article 5.

Keywords

power of attorney