Judgment No. 3822
1. The Global Fund shall pay the balance of the award stipulated in point 2 of the decision in Judgment 3507 and interest thereon, as indicated in consideration 10.
2. It shall pay the complainant 3,000 Swiss francs in costs.
3. All other claims are dismissed.
The complainant has filed an application for interpretation and execution of Judgment 3507.
ILOAT Judgment(s): 3507
application for execution; application for interpretation; complaint allowed
Although the complainant believed that she should file an application for interpretation to this end, the Tribunal observes that the application can also be regarded, to a large extent, as an application for execution. Indeed, it is clear that in the complainant’s mind, the main purpose of the application, apart from obtaining an interpretation of the judgment, is to secure full execution of the judgment, as witness her claims for payment of the balance of the award against the Global Fund that she considers due and for interest thereon.
execution of judgment; interpretation
According to the Tribunal’s case law, an application for interpretation can ordinarily apply only to the decision in a judgment, and not to the grounds thereof. However, it is accepted that such an application can also refer to a ground when a decision refers expressly thereto (see Judgments 2483, under 3, 3271, under 4, and 3564, under 1). From that point of view, it is open to the complainant, in the circumstances of the case, to request interpretation of consideration 18 of Judgment 3507 to which, as has been said, the decision refers.
However, an application for interpretation is receivable only if the meaning of the judgment concerned is uncertain or ambiguous to such an extent that its execution is impossible (see, for example, Judgments 1306, under 2, 3014, under 3, or [...] Judgment 3271, under 4).
ILOAT Judgment(s): 1306, 2483, 3014, 3271, 3507, 3564
Judgment 3507 having been delivered in French, [...] only the original French version is authoritative (see, for example, Judgment 2880, under 9). In line with the Tribunal’s usual practice, a statement expressly recalling that caveat was inserted at the top of the published English version of the judgment. In considering that it could refer to the English version of the judgment as a basis for its own interpretation of the consideration in question, the Global Fund hence overlooked the primacy granted to the original version of a judgment of the Tribunal.
ILOAT Judgment(s): 2880, 3507
It should be recalled that the Tribunal’s judgments, which according to Article VI of its Statute are “final and without appeal” and which have res judicata authority, are immediately operative (see, for example, Judgments 3003, under 12, and 3152, under 11). As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled (see, for example, Judgments 3566, under 6, and 3635, under 4).
ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 3003, 3152, 3566, 3635
res judicata; execution of judgment