Judgment No. 279

• Organization: European Southern Observatory (ESO)
• Date: 04.10.1976
• Original: Français
• Judges: Letourneur, Grisel, Devlin
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint shall not be receivable unless the internal means of redress have been exhausted. The right to submit a claim to an advisory body is regarded as an internal means of redress." In the present case, any decision taken by the administration and challenged by a staff member had to be referred within thirty days to the Advisory Board. "The complainant did not at any time appeal to that board and thereby failed to have recourse to internal means of redress at his disposal."

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

Keywords

absence of final decision; receivability of the complaint; advisory body; internal remedies exhausted

Consideration 1

Extract:

According to paragraph 3 of Article VII of the Statute of the Tribunal, "where the complainant alleges failure to take a decision, or an implied decision to dismiss his appeal, the period of ninety days shall run from the expiration of the sixty days allowed for the taking of the decision by the administration."

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

Keywords

complaint; implied decision; failure to answer claim; receivability of the complaint; time limit; start of time limit