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Closure of written proceedings (174,-666)

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Keywords: Closure of written proceedings
Total judgments found: 13

  • Judgment 4118


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

    Consideration 7

    Extract:

    The Tribunal notes that, according to the latest correspondence submitted by the parties, the Office did ultimately provide the complainant with a copy of his medical file including, in particular, the [...] report of Dr V. However, the complainant is still not satisfied on this point, as he asserts that the file that was provided to him is incomplete and its contents unlawful. But in any case, that claim, made after the close of the written proceedings, cannot be considered by the Tribunal in the context of the present judgment.

    Keywords:

    closure of written proceedings; evidence;



  • Judgment 1684


    84th Session, 1998
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal's rules provide ordinarily for the filing of only two briefs by each party. There are no exceptional circumstances warranting a third one from the complainant, and since the arguments in it are immaterial the President of the Tribunal has disallowed it under Article 9(6)" of the Tribunal's Rules.

    Reference(s)

    ILOAT reference: ARTICLE 9, PARAGRAPH 6, OF THE RULES

    Keywords:

    additional written submissions; closure of written proceedings; condition; exception; iloat statute; president of the tribunal; refusal; submissions;



  • Judgment 1598


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The new claim to costs is irreceivable because it was filed after the closure of the written proceedings."

    Keywords:

    closure of written proceedings; receivability of the complaint; withdrawal of suit;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "As for the application for a stay of proceedings, Article 10(3) of the Rules says that 'the Tribunal [...] shall rule on an application by either party for a stay of proceedings'". The Tribunal holds that no stay of proceedings is warranted in this case. Whatever changes may be made in the procedure for filling vacant posts, the complaint must be reviewed in the light of the rules in force at the material time. Once the proceedings have begun, the Tribunal is bound to reach a decision as promptly as possible and will not stay the proceedings pending possible changes in the rules."

    Reference(s)

    ILOAT reference: ARTICLE 10(3) OF THE RULES

    Keywords:

    amendment to the rules; applicable law; closure of written proceedings; competition cancelled; iloat statute; order of suspension; procedure before the tribunal; refusal; staff regulations and rules; submissions;



  • Judgment 1287


    75th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The application to intervene having been filed after the Tribunal's session had started, it is "declared irreceivable under Article 17(4) of the Rules of court".

    Reference(s)

    ILOAT reference: ARTICLE 17(4) OF THE RULES

    Keywords:

    closure of written proceedings; iloat statute; intervention; refusal; request by a party;



  • 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 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 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The purpose of the procedural rules the Tribunal applies is to enable the parties not only to submit full pleadings but also to hold an exchange of briefs in which they enjoy complete freedom of speech. [...] As a rule the Tribunal allows each side to file no more than two briefs and closes the written proceedings after the defendant has filed the surrejoinder. only in exceptional cases does it admit further material."

    Keywords:

    additional written submissions; closure of written proceedings; exception; procedure before the tribunal; submissions;



  • 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 204


    30th Session, 1973
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary of facts (J)

    Extract:

    "The Tribunal has disregarded the complainant's four additional memoranda [...] addressed to the Registrar of the Tribunal after the complainant had been informed that the proceedings were closed."

    Keywords:

    additional written submissions; admissibility of evidence; closure of written proceedings; refusal; tribunal;



  • 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;



  • Judgment 140


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "After the close of the written proceedings the complainant communicated to the Tribunal a statement [...] signed [by a third party]. In principle the Tribunal takes account of all documents produced before the opening of the session at which the relevant case is to be judged. In the case at issue, the Tribunal has no reason not to take the statement into consideration. At the most it might ask the complainant to certify its authenticity, but this is unnecessary since the document in question cannot affect the outcome of the proceedings."

    Keywords:

    admissibility of evidence; appraisal of evidence; closure of written proceedings; disclosure of evidence; receivability of the complaint; time limit;



  • Judgment 87


    15th Session, 1965
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complainant's counsel, after the close of the last public hearing, submitted ten documents which had not been communicated to the agent of the organization and upon which he therefore had no opportunity to comment. In conformity with the principle that each party shall be fully heard on all the evidence admitted, these documents were excluded from the dossier on which the Tribunal took its decision."

    Keywords:

    adversarial proceedings; closure of written proceedings; disclosure of evidence; receivability of the complaint; refusal; time limit; tribunal;


 
Last updated: 23.09.2021 ^ top