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Judgment No. 898

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

The complainant wants the Tribunal to make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."

Keywords

vague claim; complainant; receivability of the complaint; cause of action; tribunal; competence of tribunal; staff regulations and rules; interpretation; advisory opinion; request by a party

Consideration 7

Extract:

The claims are irreceivable because "they are a pointless attempt to get review of decisions that the Tribunal ruled on in Judgments 732 and 733. [...] [The complainant is] pleading misinterpretation of the text, and that would be a mistake of law, which is not an admissible reason for reviewing a text that carries the authority of res judicata."

Reference(s)

Jugement(s) TAOIT: 732, 733

Keywords

application for review; res judicata; staff regulations and rules; interpretation; mistake of law



 
Dernière mise à jour: 28.08.2017 ^ haut