Judgment No. 3143
1. IFAD shall pay the complainant moral damages in the amount of 1,000 euros.
2. It shall also pay her costs in the amount of 300 euros.
3. The complaint is otherwise dismissed.
complaint allowed; icsc decision; rental subsidy
IFAD requests “ that the complaint be dismissed on the ground that the complainant has no interest in the outcome of the proceedings. In this regard, IFAD refers to a statement by her shortly after filing her request for facilitation, that she would donate the money claimed to a cat shelter. In support of its application, IFAD refers to Judgment 764 in which the Tribunal held that a decision can only be challenged if it causes the complainant injury. The application is misconceived. If the complainant was entitled to the amount claimed, she suffered injury as a result of the decision rejecting her claim. Moreover, she is entitled to dispose of her property in any way she sees fit and retains a personal interest in the outcome of the proceedings, even if she intends, in the event of success, to give the money to a cat shelter.
Jugement(s) TAOIT: 764
cause of action
The proceedings before the Joint Appeals Board took 22 months. Part of this delay – approximately five months – was due to the failure of the Administration to provide information requested by the Board. The remainder of the delay is unexplained. The issues were relatively simple, as indicated by the brevity of the Board’s report. [...] [T]he complainant is entitled to moral damages [...].
delay in internal procedure
[I]t appears that the Board failed to make available to the complainant material that it had obtained from the Administration. In these circumstances, the complainant is entitled to moral damages [...].
disclosure of evidence; due process