Judgment No. 2722
Decision
The complaints are dismissed.
Consideration 3
Extract:
"As the Tribunal has repeatedly stated, for example in Judgments 602, 1106, 1466 and 2463, time limits are an objective matter of fact and it should not entertain a complaint filed out of time, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties' legal relations, which is the very justification for a time bar. As recalled in Judgment 1466, the only exceptions to this rule that the Tribunal has allowed are where the complainant has been prevented by vis major from learning of the impugned decision in good time (see Judgment 21), or where the organisation by misleading the complainant or concealing some paper from him or her has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith (see Judgment 752). It does not, however, appear from the evidence, nor is it even alleged that the complainants in this case found themselves in either of these situations."
Reference(s)
Jugement(s) TAOIT: 21, 602, 752, 1106, 1466, 2463, 2722
Keywords
complaint; grounds; receivability of the complaint; right of appeal; time limit; exception; time bar; case law; equity; force majeure; good faith; breach
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