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Judgment No. 4235

Decision

The application for interpretation and execution is dismissed.

Summary

The complainant filed an application for interpretation and execution of Judgment 4093.

Judgment keywords

Keywords

application for execution; application for interpretation; complaint dismissed

Consideration 8

Extract:

According to the Tribunal’s case law, an application for interpretation is receivable only if the meaning of the judgment concerned is uncertain or ambiguous to such an extent that the judgment cannot be executed (see, for example, Judgments 1306, consideration 2, 3014, consideration 3, 3271, consideration 4, and 3822, consideration 5).

Reference(s)

ILOAT Judgment(s): 1306, 3014, 3271, 3822

Keywords

application for interpretation

Consideration 9

Extract:

It should [...] be recalled that the Tribunal’s judgments, which, under Article VI of its Statute, are “final and without appeal” and which, furthermore, have res judicata authority, are immediately operative (see, for example, Judgments 3003, consideration 12, and 3152, consideration 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, consideration 6, 3635, consideration 4, and [...] 3822, consideration 9).

Reference(s)

ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 3003, 3152, 3566, 3635, 3822

Keywords

res judicata; execution of judgment

Consideration 15

Extract:

[A]s the case law shows, the Tribunal awards simple interest as a rule; it awards compound interest only in exceptional circumstances, in which case it explicitly states so in the decision of the judgment concerned (see Judgment 802, consideration 4, or, more recently, Judgment 3013, consideration 3).

Reference(s)

ILOAT Judgment(s): 802, 3013

Keywords

interest on damages



 
Last updated: 09.06.2020 ^ top