Judgment No. 4494

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 27.01.2022
• Original: Anglais
• Judges: Moore, Frydman, De Nictolis
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is summarily dismissed.

Summary

The complainant considers that UNESCO failed to take a decision within sixty days on his claim.

Judgment keywords

Keywords

receivability of the complaint; direct appeal to tribunal; summary procedure; complaint dismissed

Consideration 4

Extract:

As the Tribunal recalled in Judgments 4174, consideration 4, and 3975, consideration 5, for example, it is clearly established in the case law that where the Administration takes any action to deal with a claim, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal. Moreover, firm precedent has it that when an organisation forwards a claim before the expiry of the prescribed period of sixty days to the competent authority, this step in itself constitutes “a decision upon [the] claim” within the meaning of this provision (see, on these points, Judgments 532, 762, 786, 2681, 3034 and 3956). In the present case, it is obvious that the complainant’s claim has been addressed by the Assistant Director-General and forwarded to the competent services.

Reference(s)

Jugement(s) TAOIT: 532, 762, 786, 2681, 3034, 3956, 3975, 4174

Keywords

receivability of the complaint; direct appeal to tribunal