Judgment No. 1718

• Organization: European Southern Observatory (ESO)
• Date: 29.01.1998
• Original: Anglais
• Judges: Fernando, Hugessen, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Consideration 3

Extract:

Article VII(1) of the Tribunal's Statute, which is about the implied rejection of a claim, serves to allow a complainant who has got no decision on his claim to act as if a final decision had been taken. "If no decision is forthcoming within sixty days of the notification of the claim to the administration, the complainant may, within a further time limit of ninety days, bring a complaint against the implied rejection, which becomes the impugned decision. [...] There is no provision for applying to the Tribunal for an order to the Director general to state a negative final decision."

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE

Keywords

complaint; implied decision; time limit; date of notification; iloat statute; interpretation