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Rejoinder (168, 792,-666)

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Keywords: Rejoinder
Total judgments found: 35

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  • Judgment 2264


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(e)

    Extract:

    "In his written submissions [to the Tribunal] the complainant refers in part to explanations he provided in other documents. Under article 6(1)(b) of the Rules of the Tribunal, the arguments of fact and law must appear in the complaint itself (supplemented, if need be, by the rejoinder). Those arguments may not consist of a mere reference to other documents, since this would be contrary to the provisions of the Rules and would not enable the Tribunal and the other party to apprehend the complainant's pleas with sufficient ease and clarity. Consequently, the complainant's references are acceptable only as illustrations, but not as an extension of the arguments contained in the complaint."

    Reference(s)

    ILOAT reference: ARTICLE 6(1)(B) OF THE RULES OF THE TRIBUNAL

    Keywords:

    complaint; duty to substantiate decision; iloat statute; procedure before the tribunal; rejoinder; reply; submissions;



  • Judgment 1433


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The EPO described [the complainant's] complaint as "an abuse". But it does not ask the Tribunal to dismiss it as irreceivable for that reason. "The defendant is merely exercising the freedom of speech that any litigant must be allowed, short of resorting to offensive or insulting language." the complainant's claim to damages on that account fails.

    Keywords:

    criteria; freedom of speech; limits; new claim; organisation; rejoinder; reply; submissions; vexatious complaint;



  • Judgment 1289


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "As the Tribunal has said before, many decisions by international organisations that prompt complaints are unsubstantiated. Yet the staff member is still able to defend his rights. Though not stated in the actual text, the reasons for the decision may be discerned from earlier correspondence between the parties or in the last resort from the organization's brief in reply to the complaint, which the staff member may comment on in his rejoinder. Unless there is express derogation the rule is that the organization need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."

    Keywords:

    case law; complaint; decision; duty to substantiate decision; injury; organisation's duties; practice; rejoinder; reply; right to reply;



  • Judgment 1141


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    The complainant failed to file a rejoinder in the time limit set by the Registry but applied for an extension of the time limit on the grounds of communication difficulties. "The Tribunal cannot allow that application, which reached it when it was already in session. There is no detriment to the complainant's rights on that account since the pleadings the Tribunal has before it afford an adequate account of the material facts and the parties' arguments."

    Keywords:

    closure of written proceedings; delay; lack of injury; rejoinder; time limit;



  • Judgment 960


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Although a complainant may put forward a new plea at any point in proceedings before the Tribunal, he may not in his rejoinder enlarge the scope of his claims as stated in his original complaint."

    Keywords:

    new claim; new plea; receivability of the complaint; rejoinder;



  • Judgment 909


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "As a rule, claims put forward in a rejoinder are receivable only if they come within the ambit of the claims as stated in the complaint."

    Keywords:

    condition; new claim; receivability of the complaint; rejoinder;



  • Judgment 871


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The submissions in the complaint and in the organization's reply being properly before it, the Tribunal will not forbear to rule for want of a rejoinder the complainant has failed to file even after two extensions of the time limit."

    Reference(s)

    ILOAT Judgment(s): 723

    Keywords:

    closure of written proceedings; complainant; complaint; negligence; organisation; rejoinder; reply; submissions;



  • Judgment 655


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The general rule is that a claim put forward in the rejoinder will be receivable only if it comes within the ambit of the claims in the complaint."

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "A claim made in a rejoinder will be receivable only if it comes within the scope of a claim made in the complaint." A new claim which comes within the scope of a previous one may be treated as a valid alteration thereof. A new claim which states an older claim in different terms cannot stand as an independent claim and may not be considered. A new claim which repeats earlier claims or falls outside their scope is irreceivable.

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 437


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    It is in his rejoinder that the complainant first makes a claim for compensation. Since that claim formed part neither of the internal appeal nor of the complaint, it is irreceivable.

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In her complaint the complainant states that she asked for a certificate of service; she speaks of this document in her rejoinder and makes a claim in regard to it. She also refers to it in her additional memorandum. However, the certificate is not mentioned in any of the claims for relief in her three (joined) complaints. "It is only on the matter of those claims that the Tribunal is required to pass judgment and it will therefore not give any decision on the text of the certificate asked for."

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 211


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complainant has failed to deliver a rejoinder within the time-limit allowed. The Tribunal will therefore consider the case on the dossier as it is."

    Keywords:

    closure of written proceedings; delay; rejoinder; time limit;



  • Judgment 196


    29th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The Tribunal cannot go beyond the claims submitted to it by the complainant within the time-limit of ninety days laid down by Article VII, paragraph 2, of its Statute. It follows that the claims put forward subsequently by the complainant, either in his rejoinder or in another memorandum, can be considered only insofar as they do not go beyond the claims submitted within the prescribed time-limit, since otherwise the purpose of the rule requiring the complainant to take action within ninety days on pain of irreceivability would be frustrated."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

    Keywords:

    claim; condition; new claim; receivability of the complaint; rejoinder;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant had been on leave and then fell sick. He should have informed the registrar or have taken steps to ensure that the communication containing the memorandum in reply to his complaint was forwarded to him. "Consequently it was his own fault that he did not receive the communication [...] and did not reply within the time limit. There is therefore no reason to grant him a further time limit for his reply. Moreover, this could have been done only if it had been requested before the expiry of the original time limit. [...] The complainant's application was tardy." Since the dossier contains several memoranda by the complainant, the Tribunal can take its decision in full knowledge of the facts.

    Keywords:

    closure of written proceedings; complainant; delay; health reasons; negligence; new time limit; rejoinder; submissions;

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Last updated: 21.10.2021 ^ top