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Counterclaim (170,-666)

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Keywords: Counterclaim
Total judgments found: 49

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  • Judgment 4417


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests instructions she received concerning patent applications.

    Consideration 9

    Extract:

    [A]s there was no abuse of process, the EPOís counterclaims for costs will be dismissed.

    Keywords:

    counterclaim;



  • Judgment 4389


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reimburse in full the costs he incurred in the internal appeal proceedings.

    Consideration 12

    Extract:

    The EPOís counterclaim for costs in the amount of 500 euros is rejected as the complaint is neither abusive nor vexatious (see, for example, Judgment 3679, consideration 20).

    Reference(s)

    ILOAT Judgment(s): 3679

    Keywords:

    costs; counterclaim;



  • Judgment 4371


    131st Session, 2021
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks redress for the moral injury that she allegedly suffered in connection with her annual performance evaluation.

    Consideration 6

    Extract:

    IFAD has requested the Tribunal to order the complainant to repay the sum of 5,483.38 United States dollars which, according to it, she owes due to an advance on her annual leave. However, insofar as this counterclaim is not aimed at compensating IFAD for an injury arising from the present proceedings as such, it must in any case be dismissed as irreceivable as a consequence of the dismissal of the complaint itself (for a similar case, see Judgment 4140, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4140

    Keywords:

    counterclaim;



  • Judgment 4291


    130th Session, 2020
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the dismissal of his complaint of harassment and abuse of authority.

    Consideration 20

    Extract:

    Considering this is a continuation of a previous judicial proceeding in which the case was remitted to the defendant for a new decision, the Tribunal does not find it appropriate to grant the UPUís counterclaim for costs.

    Keywords:

    counterclaim;



  • Judgment 4288


    130th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to reject his allegations of harassment.

    Consideration 6

    Extract:

    WIPO seeks a costs order against the complainant on the footing that his complaint is vexatious, an abuse of process and, in addition, the complainant has used entirely inappropriate and offensive language in his pleas. The Tribunal is not satisfied such an order should be made.

    Keywords:

    counterclaim;



  • Judgment 4287


    130th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision lifting his non-disciplinary suspension from duties.

    Consideration 6

    Extract:

    WIPO seeks a costs order against the complainant on the footing that his complaint is vexatious, an abuse of process and, in addition, the complainant has used entirely inappropriate and offensive language in his pleas. The Tribunal is not satisfied such an order should be made.

    Keywords:

    counterclaim;



  • Judgment 4233


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to award him compensation for the moral harassment which he alleges he has suffered.

    Consideration 8

    Extract:

    The OIEís counterclaim for costs must also be dismissed since the complaint is not vexatious.

    Keywords:

    counterclaim;



  • 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 WIPOís 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 WIPOís 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 4143


    128th Session, 2019
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official, challenges a letter from the Director of the Human Resources Services rejecting her request for damages and legal costs arising from the fact that the Commission reclassified at grade P-4 the post of Treasurer, which she held at grade P-3 before her separation from service.

    Consideration 7

    Extract:

    Regarding the Commissionís counterclaim for costs, the following observations of the Tribunal in Judgment 3506, under 4, apply equally to the present case: ď[w]ithout 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 instant case, the [...] complaint cannot be regarded as manifestly vexatious, even though it was clearly irreceivable [...]Ē.

    Reference(s)

    ILOAT Judgment(s): 1884, 1962, 2211, 3043, 3506

    Keywords:

    counterclaim;



  • Judgment 4140


    128th Session, 2019
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct during her probation period.

    Consideration 12

    Extract:

    IFAD asks the Tribunal to order the complainant to reimburse the sum [...] which, according to IFAD, she owes to a credit agency offering its services to the staff of the organization. However, insofar as this counterclaim is not aimed at compensating IFAD for a damage arising out of the present proceedings as such, it must in any case be rejected as irreceivable as a consequence of the irreceivability of the complaint itself.

    Keywords:

    counterclaim;



  • Judgment 4025


    126th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision rejecting her request for payment of interest on the lump sum paid to her in respect of her separation entitlements.

    Considerations 6 and 9-12

    Extract:

    The IAEA submits that the complaint is vexatious and constitutes an abuse of process. It requests that the Tribunal order the complainant to pay the costs of the proceedings including all filing fees. [...]

    At this juncture, it is observed that bad faith cannot be automatically inferred solely on the basis of the filing of a large number of complaints by a litigant. This is well illustrated by a review of the twelve complaints referenced by the IAEA, one of which is the present complaint. The complainant was successful in six complaints and was awarded damages and costs; four complaints were dismissed; and one was withdrawn.
    In Judgment 3568, under 5, the Tribunal framed relevant considerations in the awarding of costs against a complainant in the following terms:
    ďThe Tribunal may indeed award costs against the authors of frivolous, vexatious and repeated complaints which absorb its resources and those of the defendant organisations and hamper the Tribunalís ability to deal expeditiously with other complaints. Any such award must, however, remain exceptional, since it is essential that international civil servantsí access to an independent and impartial judicial body is not impeded by the prospect of an adverse award of costs if their complaint were to prove unfounded (see Judgments 1962, under 4, and 3196, under 7).Ē
    A review of the complainantís pleadings alone reflects a case that obviously had no possibility of success and is clearly frivolous. The complainant did not advance any positions that were arguable and relied on cases that are plainly distinguishable on the facts and a judgment that was overturned in relevant part on appeal.
    Accordingly, the complaint will be dismissed and the counterclaim for costs will be allowed. As this is the first occasion in the series of complaints against the IAEA in which the Tribunal will make an award of costs against this complainant, the amount will be nominal. The complainant will be ordered to pay the IAEA 100 euros in costs within sixty days of the date of the public delivery of this judgment.

    Reference(s)

    ILOAT Judgment(s): 1962, 3196, 3568

    Keywords:

    counterclaim; vexatious complaint;



  • Judgment 3996


    126th Session, 2018
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.

    Consideration 8

    Extract:

    Regarding the Commissionís counterclaims for costs, the Tribunal finds that in the circumstances, considering the complainantís apparent perception of the facts, the complaints cannot be considered vexatious, and therefore the counterclaims for costs should be dismissed.

    Keywords:

    counterclaim;



  • Judgment 3961


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Administrative Councilís implied rejection of his request to order an investigation into the unauthorised public disclosure of confidential information relating to ongoing disciplinary proceedings against him, and to initiate disciplinary proceedings against those involved.

    Consideration 7

    Extract:

    The Tribunal shall not order the complainant to pay costs because, notwithstanding the fact that he has filed multiple complaints with duplicate requests, the present complaint cannot be regarded as vexatious by reason of its irreceivability.

    Keywords:

    counterclaim; vexatious complaint;



  • Judgment 3895


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for interpretation and execution of Judgment 3694.

    Consideration 7

    Extract:

    The Tribunal shall not deal with the issue regarding the complainantís abuse of process, as the Organisation did not file any formal counterclaim for costs (see Judgment 3815, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 3815

    Keywords:

    counterclaim;



  • Judgment 3851


    124th Session, 2017
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who held a fellowship contract at EMBL, challenges the rejection of his request to be paid unemployment benefits following his separation from the organization.

    Consideration 6

    Extract:

    While it appears that the complainant was less than forthcoming in some instances in his pleadings, in the circumstances, the EMBLís request for costs will not be granted.

    Keywords:

    counterclaim; legal brief;



  • Judgment 3815


    124th Session, 2017
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for review of Judgment 3486.

    Consideration 12

    Extract:

    The [Organisation] submits that the application is clearly vexatious.
    The Tribunal shares that opinion, but since the defendant has not submitted a counterclaim for an order against the complainant on this basis, it cannot issue an order to that effect in this judgment.

    Keywords:

    counterclaim; vexatious complaint;



  • 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 7

    Extract:

    [A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).

    Reference(s)

    ILOAT Judgment(s): 1504, 2806, 3003

    Keywords:

    application for review; counterclaim; damages;



  • 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 7

    Extract:

    [A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).

    Reference(s)

    ILOAT Judgment(s): 1504, 2806, 3003

    Keywords:

    application for review; counterclaim; damages;



  • Judgment 3690


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the deduction of maternity leave periods from the time taken into account for the payment of a collective reward to staff in active service during 2011.

    Consideration 5

    Extract:

    The EPO seeks an order that the complainants pay some of their costs. This is inappropriate particularly given the fact that Judgment 3517 was not available to the complainants when they filed their complaints.

    Reference(s)

    ILOAT Judgment(s): 3517

    Keywords:

    counterclaim;

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Last updated: 23.09.2021 ^ top