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Costs (121, 122, 123, 690, 871,-666)

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Keywords: Costs
Total judgments found: 93

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  • Judgment 1100


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."

    Reference(s)

    ILOAT Judgment(s): 885

    Keywords:

    case law; costs; counterclaim; iloat; refusal; tribunal; vexatious complaint;



  • Judgment 1058


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    "The basis for the complaint being the staff report for 1984 and that report having been withdrawn, there is no need to rule on the claims filed by the complainant, who has obtained satisfaction. The Tribunal will nevertheless make an award of costs because at the time of filing the complaint was warranted."

    Keywords:

    case pending; cause of action; complaint; costs; exception; settlement out of court;



  • Judgment 1056


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal will not entertain the Organization's counter-claim to an award of costs against the complainant of abuse of process."

    Keywords:

    costs; counterclaim; refusal; tribunal; vexatious complaint;



  • Judgment 1043


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;



  • Judgment 1042


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After the UPU notified the reversal of its decision to dismiss the complainant, he no longer had any cause of action. He is nevertheless entitled to an award of costs.

    Keywords:

    case pending; cause of action; costs; no cause of action; settlement out of court;



  • Judgment 1026


    69th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."

    Keywords:

    abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.

    Keywords:

    amount; contract; costs; fixed-term; material damages; material injury; moral injury; non-renewal of contract;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Because of the complexity and length of the proceedings and the protracted correspondence that had to be conducted with the organization, the Tribunal awards 10,000 French francs in costs."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    administrative delay; amount; costs; procedure before the tribunal;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.

    Reference(s)

    Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;



  • Judgment 931


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "In the matter of costs the Tribunal has absolute authority that no text can fetter. It is plain from the case law that its ruling on costs will depend on the circumstances of the case. Even if it had held this complaint receivable and well founded, it would not necessarily have made any award."

    Keywords:

    case law; competence of tribunal; costs; iloat;

    Summary

    Extract:

    The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.

    Keywords:

    absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;



  • Judgment 923


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's "claim to costs is receivable because the organisation did not answer his claim to the refund and indeed did nothing at all until he had actually filed this complaint."

    Keywords:

    case pending; costs; exception; receivability of the complaint; settlement out of court;



  • Judgment 897


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.

    Reference(s)

    ILOAT Judgment(s): 737

    Keywords:

    administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;



  • Judgment 764


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, who is challenging the reckoning of amounts docked from his salary for strike action, obtained satisfaction after he had filed the complaint. His complaint is now without substance. Inasmuch as there were grounds for him to come before the Tribunal at the time of filing, the complainant is entitled to costs.

    Keywords:

    case pending; cause of action; costs; exception; no cause of action; settlement out of court;



  • Judgment 570


    51st Session, 1983
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The organisation applied for review of Judgments 507 and 508. The application was dismissed for failing to show the existence of exceptional circumstances needed to justify it. The application for review was dismissed. Each respondent is awarded costs.

    Reference(s)

    ILOAT Judgment(s): 507, 508

    Keywords:

    application filed by the organisation; application for review; costs;



  • Judgment 522


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    An objection to receivability resting on the lateness of the complainant's internal appeal fails. The matter should be examined by the Internal Appeals Body on the merits. [The problem is one of copyright.] Compensation for "legal costs incurred to date. The other remedies requested do not arise for consideration at this stage."

    Keywords:

    case sent back to organisation; costs; decision quashed; further submissions on the merits; reply confined to receivability;



  • Judgment 506


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The case is an important one, and the Tribunal awards the complainant costs even though she has not expressly claimed them."

    Keywords:

    claim; costs;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 41

    Extract:

    "Every lawyer must be aware that the jurisdiction of the Tribunal is confined to non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. By far the greater part of the complainants' contributions to the dossier consist of the presentation of what is called a class action and of the complainants' side of a controversy that is manifestly outside the Tribunal's jurisdiction. There is no reason why the organization should pay for this. The complainants have, however, succeeded in establishing an important principle; they should be allowed 4,000 United States dollars towards their costs."

    Keywords:

    competence of tribunal; costs; freedom of association; iloat statute; staff claim;



  • Judgment 475


    47th Session, 1982
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Under an exception to the rule, [the complainant's] claim for costs is receivable, though new, since the Tribunal awards costs proprio motu."

    Keywords:

    costs; new claim; receivability of the complaint;



  • Judgment 465


    47th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal disallows the [organisation's] application for a full or partial award of costs against the complainant."

    Keywords:

    costs; counterclaim; refusal; tribunal;



  • Judgment 451


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is unusual to award costs to a complainant who has failed in the result. But since in this case she has succeeded on the important issue of receivability the Tribunal will award her [costs]."

    Keywords:

    costs; exception;

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Last updated: 21.10.2021 ^ top