Costs (121, 122, 123, 690, 871,-666)
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Keywords: Costs
Total judgments found: 101
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Judgment 4160
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship.
Consideration 16
Extract:
Without excluding on principle the possibility of issuing an order of this type against interveners in proceedings, the Tribunal will not accept WIPO’s claim in this case. While the filing of these applications to intervene, which were bound to be dismissed, just before the case was included on the list for the session is surprising, this unfortunate procedural initiative cannot nevertheless be regarded as constituting a clear abuse of procedure.
Keywords:
costs; counterclaim; interveners;
Judgment 4159
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship and the setting aside of the decision not to renew his last contract of employment.
Consideration 17
Extract:
Without excluding on principle the possibility of issuing an order of this type against interveners in proceedings, the Tribunal will not accept WIPO’s claim in this case. While the filing of these applications to intervene, which were bound to be dismissed, just before the case was included on the list for the session is surprising, this unfortunate procedural initiative cannot nevertheless be regarded as constituting a clear abuse of procedure.
Keywords:
costs; counterclaim; interveners;
Judgment 4158
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.
Consideration 10
Extract:
The Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings (see Judgments 2996, consideration 23, and 221, consideration 7).
Reference(s)
ILOAT Judgment(s): 221, 2996
Keywords:
costs; internal appeal;
Judgment 4157
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.
Consideration 13
Extract:
As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).
Reference(s)
ILOAT Judgment(s): 221, 2996
Keywords:
costs; internal appeal;
Judgment 4156
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.
Consideration 8
Extract:
As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).
Reference(s)
ILOAT Judgment(s): 221, 2996
Keywords:
costs; internal appeal;
Consideration 9
Extract:
[T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.
Keywords:
costs; internal appeal;
Judgment 4155
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to allow all staff to vote when members of the Staff Council are elected.
Consideration 12
Extract:
The complainants seek an order for their “actual costs”. This is not an order made by the Tribunal, at least ordinarily.
Keywords:
costs;
Judgment 4003
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.
Consideration 18
Extract:
Since the complainant succeeds, she is entitled to an award of costs, as is Mr P. L., whose application to intervene is allowed. The Tribunal sets the award of costs for Mr P. L. at 500 euros as he was not represented by a lawyer and did not need to provide extensive submissions in his application to intervene. The complainant, considering the complexity of the case, is awarded costs in the amount of 20,000 euros.
Keywords:
costs; costs awarded; intervention;
Judgment 3945
125th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her 2013 performance evaluation.
Consideration 5
Extract:
[T]he Tribunal’s case law states that a complainant may make a claim for consequential relief which was not made in the internal proceedings. Under that case law, claims for moral damages can be treated as consequential relief and thus are not subject to the requirement to exhaust internal remedies (see Judgment 3871, consideration 18). Regarding the claim for costs, the Tribunal has accepted that only a claim for costs with respect to the proceedings before the Tribunal may be receivable (see Judgment 3421, under 2(a)).
Reference(s)
ILOAT Judgment(s): 3421, 3871
Keywords:
costs; exception; internal remedies exhausted; moral injury;
Judgment 3823
124th Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for execution of Judgment 3225.
Consideration 8
Extract:
The application for execution must [...] be dismissed in its entirety, including the claim for reimbursement of the costs incurred by the complainant in commissioning an expert inquiry by an accountant, which she did of her own accord without the need for such a measure being established.
Keywords:
costs;
Judgment 3759
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment following the abolition of her position.
Consideration 9
Extract:
Although she brought her complaint to the Tribunal without the assistance of a lawyer, the complainant is also entitled to costs [...].
Keywords:
costs;
Judgment 3719
123rd Session, 2017
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The CTA seeks the review of Judgment 3437.
Consideration 8
Extract:
[T]he complainant, who has been obliged to take part in these proceedings in order to protect his interests vis-à-vis the Centre, is entitled to costs [...].
Keywords:
application for review; costs;
Judgment 3718
123rd Session, 2017
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The CTA seeks the review of Judgment 3436.
Consideration 8
Extract:
[T]he complainant, who has been obliged to take part in these proceedings in order to protect her interests vis-à-vis the Centre, is entitled to costs [...].
Keywords:
application for review; costs;
Judgment 3672
122nd Session, 2016
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm his appointment at the end of his extended trial period.
Consideration 6
Extract:
The UPU has made a counterclaim for costs. Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, for example, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional situations. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of that kind. In the present case, the complaint cannot be regarded as manifestly vexatious, even though it was irreceivable because internal remedies had not been exhausted (see Judgment 3506, under 4).
Reference(s)
ILOAT Judgment(s): 1884, 1962, 2211, 3043, 3506
Keywords:
costs; counterclaim;
Judgment 3620
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to retroactively implement the transitional measure accompanying the replacement of the former invalidity pension with an invalidity allowance.
Consideration 4
Extract:
"The EPO seeks a costs order against the complainant on the basis that she continued to pursue her complaint after Judgment 3291 was drawn to her attention in correspondence from the EPO’s lawyers in May 2014. The Tribunal concludes that such an order should not be made in the circumstances of the case, particularly where the complainant had commenced proceedings (on 8 July 2013) before the relevant decision had been published (5 February 2014)."
Reference(s)
ILOAT Judgment(s): 3291
Keywords:
costs; counterclaim;
Judgment 3561
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.
Consideration 11
Extract:
"The dismissal of the complainant’s various claims [...] necessarily leads to the dismissal of his claim for costs for these proceedings."
Keywords:
costs;
Judgment 3411
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.
Consideration 10
Extract:
"Of the initial ten applications to intervene, six have been withdrawn. As the remaining four interveners are in a similar legal situation to that of the complainants, they must be granted the benefit of the rights recognised by this judgment (see Judgment 2985, under 28). The interveners are legally represented and they are entitled to costs."
Reference(s)
ILOAT Judgment(s): 2985
Keywords:
costs; costs awarded; intervention;
Judgment 3265
116th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant having been allowed to contribute again at the full rate to the pension scheme, the Tribunal need not rule on his complaint seeking the cancellation of the decision to lower the contribution rate.
Consideration 11
Extract:
"The Tribunal notes that the complainant, who was obliged to initiate judicial proceedings in order to obtain the cancellation of a decision which the Agency thereafter admitted was unlawful, may at all events legitimately claim an award of costs. As far as determining their amount is concerned, it must, however, be observed, on the one hand, that the proceedings in question were considerably simplified through the rapid withdrawal of the impugned decision and, on the other, that the submission of applications to intervene does not, in itself, give rise to entitlement to an award of costs. In these circumstances, the Tribunal considers it fair to award the complainant 3,000 euros in costs [...]."
Keywords:
costs; procedure before the tribunal;
Judgment keywords
Keywords:
amount; costs;
Judgment 3196
115th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the implicit rejection of her request for disclosure of a medical report.
Consideration 7
Extract:
"Although the complaint must be dismissed, the Tribunal will not entertain the Organization’s counterclaim to sanction the complainant for abuse of process. Indeed, whilst her unsubstantiated allegations of fraudulent manipulation and misrepresentation are inappropriate, they do not prove bad faith in and of themselves, and as such do not constitute an exceptional circumstance meriting the imposition of costs on the complainant (see Judgment 1962, under 4)."
Reference(s)
ILOAT Judgment(s): 1962
Keywords:
condition; costs; counterclaim; exception; vexatious complaint;
Judgment 3135
113th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
The CTA has asked that the complainant should be ordered to pay its costs on the basis that “the complaint is unfounded”. Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, inter alia, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional circumstances. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive or chilling effect of possible adverse awards of that kind. In the instant case, although the complaint must be dismissed, it should not be regarded as vexatious. The Centre’s counterclaims will therefore be dismissed.
Reference(s)
ILOAT Judgment(s): 1884, 1962, 2211, 3043
Keywords:
costs; counterclaim; vexatious complaint;
Judgment 3131
113th Session, 2012
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Although the other claims submitted in the complaint, which are largely redundant, are not upheld, the Tribunal considers that in the unusual circumstances of this case the complainant is entitled to costs. Given that her employment was terminated unlawfully, she was justified in seeking from the Tribunal some mitigation of the pecuniary consequences of this decision. Whatever the outcome may have been if the Tribunal had had cause to consider the totality of her arguments, to the extent that they cannot be regarded as blatantly vexatious, equity requires that, exceptionally, the complainant should be compensated for part of the costs of the present proceedings, by awarding her the amount of 1,000 Swiss francs.
Keywords:
costs;
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