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New claim (19, 647,-666)

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Keywords: New claim
Total judgments found: 88

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  • Judgment 2622


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The Organisation submits that some of these claims are irreceivable, arguing that they fall outside the scope of the internal appeal filed by the complainant. Basically, however, the claims merely expand on the initial appeal, the main aim of which was to challenge the method of calculation of the disputed adjustment on the grounds that it violated the applicable rules.
    The complainant’s claims, though admissible, are unfounded.

    Keywords:

    new claim;



  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

    Reference(s)

    ILOAT Judgment(s): 2360

    Keywords:

    appraisal of evidence; breach; case law; claim; complaint; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;



  • Judgment 2417


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Appeals Committee accepted that the whole of the complainant's appeal was receivable. The essence of his grievance was contained in his original appeal and his reply was simply an expansion on the relief requested but did not raise a new ground of appeal. That finding was correct and the Tribunal endorses it." (see Judgment 2416, under 11)

    Reference(s)

    ILOAT Judgment(s): 2416

    Keywords:

    claim; compensation; internal appeal; internal appeals body; new claim; new plea; receivability of the complaint; report;



  • Judgment 2416


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 11

    Extract:

    "The EPO's position is that because the claim for damages was made as an oral submission during the [Appeals] Committee hearings [...], rather than being included in the complainant's original written submissions, it was not actually part of the internal appeal and therefore cannot now be claimed before the Tribunal. [...]
    The objection to receivability is misconceived. The Appeals Committee accepted that the complainant could make a claim for damages and heard both parties on the question. The reason that the Tribunal insists that any claim made before it must first have been asserted in the internal appeal process is that Article VII(1) of its Statute demands that the complainant first exhaust any available internal means of redress. The EPO has not shown that there is any equivalent provision relating to internal appeals, and it is desirable that such appeals should be as unencumbered as possible by procedural obstacles provided that elementary fairness is observed."

    Reference(s)

    ILOAT reference: Article VII(1) of the Statute

    Keywords:

    adversarial proceedings; claim; equity; general principle; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; moral injury; new claim; oral proceedings; receivability of the complaint;



  • Judgment 2364


    97th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Even though it is only the 'decision' of 10 March 2002 which he wishes to have set aside, the complainant refers to facts which arose after that date and adds in his rejoinder that, since the final decision was dated 23 July 2002, 'all grievances raised until that date can validly be taken into account' as part of his complaint. [...] With regard to the claims based on facts subsequent to 10 March 2002 and presented as grounds for appeal, since internal remedies were not exhausted (Article VII(1) of the Statute of the Tribunal), they must be deemed irreceivable. [...] Furthermore, the validity of a decision or measure cannot be judged on the basis of facts occurring subsequently to that decision or measure."

    Reference(s)

    ILOAT reference: Article VII(1) of the Statute

    Keywords:

    claim; complaint; date; grounds; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder; subsequent fact;



  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant seeks the creation of an Office of the Ombudsman. "So far as concerns the claim [...], the complaint is clearly irreceivable. In this regard, it is sufficient to note that [the] claim was made for the first time in the complaint to the Tribunal and, accordingly, no decision could have been made on that issue prior to the filing of the complaint. More importantly, the claim does not concern the non-observance of the complainant's terms of appointment or of the provisions of the Staff Regulations of the [Organization], they being the only matters upon which this Tribunal is competent to adjudicate."

    Keywords:

    absence of final decision; breach; claim; competence of tribunal; consequence; contract; iloat; internal appeal; new claim; procedure before the tribunal; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 2239


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

    Consideration 17

    Extract:

    "Since the complaints fail, so must the applications to intervene, it being noted that certain claims they contain which differ from those submitted in the complaints are in any case irreceivable."

    Keywords:

    claim; complaint; difference; intervention; new claim; receivability of the complaint; refusal; request by a party;



  • Judgment 2218


    95th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

    Keywords:

    claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;



  • Judgment 2213


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The financial claims the complainant submits in his application for review are greater than those he put forward in the proceedings of the judgment he wants to have reviewed. "To that extent, they are [...] irreceivable on the grounds that internal remedies have not been exhausted."

    Keywords:

    allowance; application for review; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 1792


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)

    Reference(s)

    ILOAT Judgment(s): 365, 366

    Keywords:

    application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organization "objects that [one of] the complainants' [pleas] is irreceivable because they did not put it forward in support of their original claim. The objection is mistaken: receivability depends on the making of prior claims, not of prior pleas. [...] They may enter whatever pleas they like, including any they did not make in support of their internal appeal."

    Keywords:

    claim; complaint; internal appeal; new claim; new plea; receivability of the complaint;



  • Judgment 1504


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is not appropriate for [the complainant] to make a counterclaim to damages [for the moral injury allegedly caused to her] in the context of her submissions on an application by the organization for review [...] The claim arises out of a separate cause of action and is one that she should pursue separately."

    Keywords:

    application for review; claim; counterclaim; moral injury; new claim;



  • Judgment 1443


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

    Consideration 4

    Extract:

    "The complainant may not put wider claims to the Tribunal than in the internal appeal".

    Keywords:

    claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;



  • 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 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;



  • Judgment 1341


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;



  • Judgment 1322


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    His claim "is irreceivable under Article VII(1) of the Tribunal's Statute because he did not make it in the context of his internal appeal and has therefore failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    iloat statute; internal appeal; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 1295


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "An application for review of a judgment obviously may not afford an opportunity for making new claims. The Tribunal therefore declines to entertain claims (2), (3) and (7) of the present application because they are new."

    Keywords:

    application for review; new claim;



  • Judgment 1263


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

    Consideration 6

    Extract:

    "His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."

    Keywords:

    claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;

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Last updated: 26.11.2021 ^ top