Claim (18, 19, 647, 20, 92, 675,-666)
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Keywords: Claim
Total judgments found: 141
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Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant invites the Tribunal to order the immediate execution of the judgment in question. The organisation pleads that the claim is irreceivable on the grounds that the complainant has failed to exhaust the internal means of redress. "This plea is unsound. Failure to execute a judgment does not constitute breach of the Staff Regulations or of the contract of employment or unjustifiable or unfair treatment and therefore cannot come under [the Staff Regulations]. What the complainant is asking for is neither more nor less than execution of a decision by the Tribunal on a matter within its competence, and the Tribunal may determine whether due effect has been given to that decision."
Keywords:
application for execution; claim; competence of tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(D)
Extract:
"According to the Tribunal's case law claims to compensation are receivable if linked with a claim for breach of a contract of appointment or of the Staff Regulations."
Keywords:
claim; condition; damages; receivability of the complaint;
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 501
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The claims "for the issue of orders [by the Tribunal] to the organization are [...] irreceivable."
Keywords:
claim; competence of tribunal; receivability of the complaint;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There may be either one or two stages in review proceedings. The Tribunal will first determine whether the plea is admissible. If it is not, the Tribunal will dismiss the application without looking further. If it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. Those are the only circumstances in which the Tribunal will hear the complainant's submissions on the merits."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; claim; elements; judgment of the tribunal; procedure before the tribunal; receivability of the complaint;
Consideration 10
Extract:
In dismissing all the complainant's claims for relief, the Tribunal rejected by implication her claims for compensation for moral prejudice. It did not pass express comment on those claims nor state its reasons for dismissing them. This failure affords a valid ground for review.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization objects to the jurisdiction of the Tribunal "on the ground that, if the complaints are established, the Tribunal is not competent to grant the relief sought. Since [...] the Tribunal would, if the facts justify it, be competent to grant relief in some other appropriate form, the preliminary objection fails."
Keywords:
claim; competence of tribunal;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
See Judgment 382, consideration 3.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
claim; competence of tribunal;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 382, consideration 3.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
claim; competence of tribunal;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Since [the interveners themselves] failed to file a complaint in time [...] they may neither put forward pleas nor lodge claims which differ from those of the complainants. It is therefore necessary to consider only the content of the complaint, and the applications to intervene will fare in the same way as do the complaints."
Keywords:
claim; complaint; identical claims; intervention;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 366, consideration 1.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
claim; complaint; identical claims; intervention;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."
Keywords:
claim; complaint; internal appeal; new claim; purpose; receivability of the complaint;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
claim; complaint; condition; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."
Keywords:
claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."
Keywords:
breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."
Keywords:
application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In the course of proceedings that lead to a final decision various claims and arguments may be put forward and resisted; except insofar as they form part of the final decision the Tribunal has no power to adjudicate upon them."
Keywords:
claim; competence of tribunal; decision; elements; receivability of the complaint;
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 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On the form she used to file her complaint, the complainant sought the quashing of a decision in respect of her performance report. In a memorandum, she sought the quashing of the decision refusing her a salary increment. "These two documents were filed at the same time and form a whole, in the sense that the claims set out in them are complementary." A decision is therefore required both on the performance report and the question of the salary increment.
Keywords:
claim; complaint; difference; receivability of the complaint;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]n organization may not submit a complaint to the Tribunal nor [...] claims for the modification of the impugned decision to the prejudice of the complainant." It may simply propose that the original complaint be dismissed in whole or in part. "Consequently, the organization's claims in the present case are irreceivable to the extent that they relate to the reduction of the complainant's pension."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
claim; counterclaim; impugned decision; locus standi; pension; reply;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As to the claim for written and public apologies to be made by [...] the organization [...] this claim is not within the competence of the Administrative Tribunal."
Keywords:
claim; competence of tribunal; vague claim;
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