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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 1253


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

    Consideration 3

    Extract:

    The complainant is seeking the review of a judgment in which the Tribunal dismissed a prior application for review. "He is yet again seeking the rehearing of his claims, besides adding a fresh one to after-service medical insurance coverage. He puts forward no admissible grounds whatever for review of Judgment 1027 and his application for review must therefore be rejected in accordance with the summary procedure provided for in Article 8(3) of the Rules of court."

    Reference(s)

    ILOAT reference: ARTICLE 8(3) OF THE RULES
    ILOAT Judgment(s): 1027

    Keywords:

    application for review; new claim; summary procedure;



  • Judgment 1149


    72nd Session, 1992
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

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



  • Judgment 1145


    72nd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's claim to reinstatement is irreceivable under Article VII(1) of the Tribunal's Statute because it has not formed part of any internal 'complaint' from him under Article 13.2 of the Staff Regulations and he has therefore failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: ARTICLE 13.2 OF THE ILO STAFF REGULATIONS

    Keywords:

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



  • 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 899


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The claim [...] did not form part of the internal appeals - because the change came later - and may not be put forward for the first time in complaints to the Tribunal. It fails because it is irreceivable."

    Keywords:

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



  • Judgment 846


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."

    Keywords:

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



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The quashing of the transfer was a new claim and [the complainant's] appeal was about quite other matters. On these grounds alone his challenge to the transfer is irreceivable".

    Keywords:

    new claim; receivability of the complaint;



  • Judgment 818


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The EPO contends that the complaint is irreceivable on the grounds that the claims for redress are not the same as those that made up the internal appeal. The Tribunal rejects the plea. As the EPO acknowledges, the claims that are before the Tribunal are covered by the ones that were before the Appeals Committee."

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 732


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "This complaint is not about execution as such but about the allegedly harmful consequences of the way in which the FAO executed Judgment 620. That is not a matter that is ordinarily connected with execution and it is therefore one that must go through the internal appeal procedure before it can come to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 297, 620

    Keywords:

    application for execution; complaint; consequence; execution of judgment; injury; internal remedies exhausted; judgment of the tribunal; new claim; receivability of the complaint;



  • 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 645


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal will not review a judgment to take account of a new claim."

    Keywords:

    application for review; new claim;



  • Judgment 597


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The internal appeal makes no mention of the problem referred to in the claim in question. "The Appeals Committee did not rule on the point, which was not before it. The plea of irreceivability succeeds under Article VII(1) of the Statute of the Tribunal".

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 570


    51st Session, 1983
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In the "judgment submitted for review, the Tribunal stated that the effect of certain decisions of the [National Supreme Court] was 'summed up [...] in terms which the organisation does not dispute'. The organisation, while not denying that it failed to challenge the summary, wishes now to dispute it and to put in evidence the opinions of experts who take the contrary view. This is not permissible."

    Keywords:

    application filed by the organisation; application for review; new claim; new fact on which the party was unable to rely in the original proceedings;



  • 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 550


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant is seeking damages "for distress, moral injury and harm to her reputation, which she says were caused by the administration's actions during the proceedings before the [Appeals] Board and the Tribunal. There is no allusion to such a claim in the Board's report or in any of the other items of evidence [...] The Tribunal therefore cannot tell with certainty whether the internal means of redress have been exhausted. But [...] even if receivable, the claim is devoid of merit."

    Keywords:

    moral injury; new claim; professional injury; receivability of the complaint;



  • Judgment 475


    47th Session, 1982
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Under an exception to the rule, [the complainant's] claim for costs is receivable, though new, since the Tribunal awards costs proprio motu."

    Keywords:

    costs; new claim; receivability of the complaint;



  • Judgment 452


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Only claims made to the internal appeals body and, when appropriate, implicit claims, satisfy the obligation to exhaust the internal means of resisting a decision. Claims first made directly to the Tribunal are not receivable.

    Keywords:

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



  • 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 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "This rule means, first, that the complaint to the Tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. There is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. Since the Tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."

    Keywords:

    application of law ex officio; complaint; internal appeal; internal remedies exhausted; new claim; new plea; receivability of the complaint;

    Consideration 2(A)

    Extract:

    The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

    Keywords:

    amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;

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Last updated: 03.12.2021 ^ top