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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 429


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The requirement that the internal means of redress should have been exhausted means that a complaint will be irreceivable if its scope is wider than that of the claims which were submitted to the internal appeal bodies. There is no need, however, for the pleas submitted to the Tribunal to have been put to those bodies. A complainant does not, merely by developing the case he put to the internal bodies, alter the scope of review by the Tribunal, which will apply the law proprio motu. The scope of review will alter only if the complainant submits new claims to the Tribunal."

    Keywords:

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



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In her complaint the complainant states that she asked for a certificate of service; she speaks of this document in her rejoinder and makes a claim in regard to it. She also refers to it in her additional memorandum. However, the certificate is not mentioned in any of the claims for relief in her three (joined) complaints. "It is only on the matter of those claims that the Tribunal is required to pass judgment and it will therefore not give any decision on the text of the certificate asked for."

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • 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 322


    39th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Insofar as these new claims [presented in a supplementary brief] go beyond those contained in the complaint they are irreceivable."

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 277


    37th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organisation contends that the complainant first made the material claim in the complaint he filed with the Tribunal. The Tribunal holds that "the complainant merely repeats in different terms the claim made in his letter [to the Director-General]."

    Keywords:

    new claim; receivability of the complaint;



  • Judgment 246


    33rd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he complainant impugns an alleged decision by the Director-General, that is to say an administrative decision which may be referred to the Appeals Board. Since the complainant did not submit his claim to the Appeals Board it is irreceivable by virtue of Article VII, paragraph 1, of the Statute of the Tribunal, which stipulates that the internal means of redress shall first have been exhausted."

    Reference(s)

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

    Keywords:

    complaint; internal remedies exhausted; new claim; 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 41


    8th Session, 1960
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It is established by the documents in the dossier that [the complainant] submitted her requests concerning reinstatement or the grant of compensation neither to the Director-General nor to the [appeals body], so that when she applied to the Tribunal she had not exhausted all the means of resisting the decision that were open to her under the [Staff] Regulations; the [...] submissions are therefore not receivable."

    Keywords:

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

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Last updated: 26.11.2021 ^ top