New claim (19, 647,-666)
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Keywords: New claim
Total judgments found: 99
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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;
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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