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Judgment No. 2948


The complaint is dismissed.

Consideration 7


"While Article VII, paragraph 3, of the [Tribunal's] Statute permits a complainant to have recourse to the Tribunal '[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it', the Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a 'decision upon [the] claim' within the meaning of these provisions, which is sufficient to forestall an implied rejection (see, for example, Judgments 532, 762, 786 or 2681)."


ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 532, 762, 786, 2681


decision; absence of final decision; implied decision; failure to answer claim; internal appeals body; direct appeal to tribunal; internal appeal; time limit; date of notification; case law; iloat statute; refusal

Last updated: 18.05.2020 ^ top