Judgment No. 3656

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 06.07.2016
• Original: Français
• Judges: Rouiller, Frydman, Diakité
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The application for execution is dismissed.

Summary

The complainant filed an application for execution of Judgment 3230.

Judgment keywords

Reference(s)

Jugement(s) TAOIT: 3230

Keywords

application for execution; complaint dismissed

Consideration 3

Extract:

The Tribunal’s judgments carry the authority of res judicata and must be executed as ruled. The parties must work together in good faith to this end. Judgments must be executed within a reasonable period of time. In order to ascertain whether this is the case, all the circumstances of the case must be taken into account, especially the nature and the scope of the action which the organisation is required to take (see, in particular, Judgments 2684, under 4 and 6, and 3066, under 6).

Reference(s)

Jugement(s) TAOIT: 2684, 3066

Keywords

application for execution; execution of judgment

Consideration 4

Extract:

While there is no evidence in the file to show that Eurocontrol informed the complainant of all the steps it was taking to execute the judgment, this does not signify that it thus acted in breach of the principle of good faith. On the contrary, it must be found that there was nothing to prevent the complainant from inquiring as to what progress had been made with these deliberations before complaining to the Tribunal of an alleged failure to act on the part of the Organisation.

Keywords

application for execution; execution of judgment