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Case pending (143,-666)

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Keywords: Case pending
Total judgments found: 25

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  • Judgment 3270


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the date on which her classification in grade G5 took effect.

    Judgment keywords

    Keywords:

    case pending; no cause of action;



  • Judgment 1847


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."

    Keywords:

    case pending; costs; good faith; no award of costs; settlement out of court; vexatious complaint;



  • Judgment 1817


    86th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A staff member needs to know the reasons for a decision so that he can act on it, for example by challenging it or filing an appeal. A review body must also know the reasons so as to tell whether it is lawful. How ample the explanation need be will turn on circumstances. It may be just a reference, express or implied, to some other document that does give the why and wherefore. If little or no explanation has yet been forthcoming, the omission may be repaired in the course of appeal proceedings, provided that the staff member is given his full say."

    Keywords:

    case pending; decision; duty to substantiate decision; grounds; judicial review; motivation; organisation's duties; right of appeal; right to reply;



  • Judgment 1702


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Neither of the parties informed the Tribunal of the FAO's decision of 19 June 1995 to recognise the complainant's illness as service-incurred." Having been accordingly unaware of that fact when it delivered Judgment 1486 on 1 February 1996, the Tribunal "regards that failure as a breach of the courtesy which the parties owed it."

    Reference(s)

    ILOAT Judgment(s): 1486

    Keywords:

    application for execution; case pending; decision; duty to inform; judgment of the tribunal; procedure before the tribunal; tribunal;



  • Judgment 1126


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    The complainant originally claimed 5001 French francs which she said were mistakenly deducted from her termination indemnity. The Organization having acknowledged its mistake, it paid her the disputed amount after she had filed her complaint. Under the circumstances the Tribunal need not entertain the claim. However, she is entitled to an award of costs.

    Keywords:

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



  • Judgment 1100


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

    Summary

    Extract:

    The complainant challenged the reckoning of her pension in the internal appeal. Having obtained satisfaction after she filed her complaint she withdrew her main claims but presses her claim to moral damages and costs. The Tribunal considers her complaint premature because it challenges a decision which was stated to be provisional, and the withdrawal of her main claim makes her claim to damages void. Nor is she entitled to costs.

    Keywords:

    absence of final decision; case pending; cause of action; no cause of action; provisional decision; receivability of the complaint; settlement out of court;



  • 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 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 931


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

    Consideration 1

    Extract:

    "The Director-General of CERN decided on the strength of a report by the Joint Advisory Appeals Board to allow the complainant's internal appeal and so informed him by [...] letter [...] the decision was later put into effect. The Tribunal therefore need not rule on the main heads of claim, which have been met."

    Keywords:

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

    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 852


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;



  • 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 639


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant is claiming payment of his salary in full until such time as it is replaced with a pension. In his rejoinder, he acknowledges having obtained satisfaction. His claim is therefore devoid of substance.

    Keywords:

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



  • Judgment 638


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    In view of certain measures which have been taken, the complainant's claims "have no substance and the Tribunal need not rule on them."

    Keywords:

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



  • Judgment 388


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant died [...] after the complaint had been filed. His heirs have stated that they wish to pursue the proceedings in his place. The present judgment will therefore take effect for their benefit." The heirs are his wife, his infant children and the children by his first marriage.

    Keywords:

    case pending; complainant; consequence; death; effect; judgment of the tribunal; successor;



  • Judgment 378


    42nd Session, 1979
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Preamble; second paragraph

    Extract:

    The complainant died in an accident after filing suit. His family wished to pursue the proceedings and not withdraw suit.

    Keywords:

    case pending; complainant; consequence; death; ratione personae; successor;



  • Judgment 303


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainants contend that they were not informed of the criteria and recommendations for promotions drawn up by the Careers Committee. The requested documents have been circulated to the staff and this grievance therefore fails. "The texts were notified after the original memoranda, but before the rejoinders had been lodged: [...] the complainants were able to refer to those texts in the course of the proceedings and so their right to a hearing has not been infringed."

    Keywords:

    case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;



  • Judgment 301


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 303, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 303

    Keywords:

    case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;



  • Judgment 276


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The Director-General having initiated the procedure which the complainant requested, his satisfaction has thus been obtained. The "complaint being devoid of substance, no decision is called for thereon."

    Keywords:

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

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Last updated: 23.09.2021 ^ top