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Absence of final decision (25,-666)

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Keywords: Absence of final decision
Total judgments found: 80

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  • Judgment 738


    58th Session, 1986
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    At the end of a correspondence with the office of the Director-General, the complainant wrote that he would assume that no appeal lay against the Director-General's decision, unless the organisation informed him that this was not the case. The Tribunal holds that as the holder of a Ph.D. in law and head of finance and legal affairs, the complainant should know that the Director-General has no power to absolve an official from his obligation to exhaust the means of redress open to him.

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; internal remedies exhausted; receivability of the complaint;



  • Judgment 725


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant impugns a decision of the President approving his performance report for 1980 and 1981. Because the complainant failed to exhaust the internal means of redress by awaiting the report of the Appeals Committee and the President's final decision before filing his complaint, the complaint is irreceivable.

    Keywords:

    absence of final decision; internal remedies exhausted; performance report; receivability of the complaint;



  • Judgment 700


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Having been filed before the complainant had exhausted the internal remedies, the complaint is irreceivable. The case "is remitted to the President in order that he may reconsider his decision of 19 February 1985 in the light of Judgment 699 and he is ordered to communicate his reconsidered decision to the complainant within one month."

    Reference(s)

    ILOAT Judgment(s): 699

    Keywords:

    absence of final decision; case sent back to organisation; internal remedies exhausted; receivability of the complaint;



  • Judgment 689


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant had been informed in November that his internal appeal had been provisionally rejected and referred to the Appeals Committee. The internal appeal reached the Appeals Committee in January. The Appeals Committee had not had time to render a decision by February, at which time the complaint was lodged. The complainant came before the Tribunal without having exhausted the internal means of redress. The complaint is dismissed.

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; provisional decision; receivability of the complaint;



  • Judgment 576


    51st Session, 1983
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal; rebuttal;



  • Judgment 533


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    To infer a decision to dismiss where no final decision has been taken within the sixty days would greatly broaden the scope of Article VII, paragraph 3, particularly when the internal appeals body has no set time limits. "In such case Article VII[3], which is presumably to be treated as covering the exception, would in fact become the rule. Moreover, to broaden the scope of paragraph 3 would unduly restrict that of paragraph 1, which requires the complainant to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE

    Keywords:

    absence of final decision; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;

    Consideration 5

    Extract:

    "Before coming to the Tribunal again the complainant should await the Appeals Committee's report and the President's final decision. But he need not wait indefinitely. He may appeal directly to the Tribunal if one of two conditions is fulfilled: if the appeals body fails to report and there are grounds for believing that it will not do so within a reasonable lapse of time; or else if the President fails to take a final decision within sixty days of receiving the Appeals Body's report."

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;

    Considerations 4-5

    Extract:

    The complainant had filed an internal appeal. He could have appealed against an implied decision to dismiss his claim, since the only communication which he had received was wholly informative and without legal effect. He then asked for confirmation of the rejection. The President's reply did constitute an express decision, the appeal was passed on to an advisory body. At that point, the complaint becomes irreceivable. There is no longer an implied decision to challenge, and the internal means of redress have not been exhausted.

    Keywords:

    absence of final decision; express decision; implied decision; internal appeal; internal remedies exhausted;



  • Judgment 532


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Vide Judgment 533, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 533

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;

    Considerations 4-5

    Extract:

    Vide Judgment 533, considerations 4 and 5.

    Reference(s)

    ILOAT Judgment(s): 533

    Keywords:

    absence of final decision; express decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted;



  • Judgment 502


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant suffers from illnesses which, he alleges, are due to his duties in the organization. Before appealing to the Tribunal, he should have exhausted the internal remedies and appealed to the Advisory Committee; that step was left out and the complaint is therefore not receivable. The complainant is still entitled to put his claims forward at the administrative level. For that purpose the parties need only designate the members of the Medical Board provided for in the Rules.

    Keywords:

    absence of final decision; case sent back to organisation; illness; internal remedies exhausted; medical board; receivability of the complaint; service-incurred;



  • Judgment 500


    48th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "It does not appear that [the complainant] did appeal to the Director-General [as required under the applicable provisions]. His counsel may have written letters to the Director-General but the evidence does not show that they filed any claim in the proper sense of an appeal seeking the quashing or amendment of a decision. No internal appeal having been made and the internal means of redress not being exhausted, the claims are irreceivable."

    Keywords:

    absence of final decision; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 489


    48th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The time limit does not run from the date of the two communications from the organization which said that the complainants request was still under review, and they therefore did not constitute final rejection of his claim. "An appeal against either of those replies was therefore premature, the [organization] not having taken, by [the date when the internal appeal was filed], any final decision expressly rejecting the complainant's request." The Director-General was correct in deciding that the complainant's internal appeal was irreceivable. The complaint is dismissed.

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; receivability of the complaint;

    Summary

    Extract:

    Under the Rules a claim is deemed to have been rejected if no definitive reply has been made within three months. The request for reclassification was submitted on 29 November 1979; three months later, on 1 March 1980, having received no reply, the complainant's request must be deemed to have been rejected. The complainant waited until 16 July 1980 to appeal to the internal appeals body. In the meantime, on 25 March and 19 June, he had been informed that the matter was being studied. The Director-General was correct in deciding that the internal appeal was irreceivable: there had been no final decision expressing rejection. The complaint is dismissed.

    Keywords:

    absence of final decision; failure to answer claim; internal appeal; receivability of the complaint;



  • Judgment 356


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Under the Staff Regulations the complainant had the right to appeal against the Regional Director's decision to a board [...] of appeal, which he did not exercise." He has therefore not exhausted the means of resisting the decision as were open to him. "The complainant does not provide any answer to this objection and it is clear that no proceedings were taken before the board. The complaint is therefore irreceivable."

    Keywords:

    absence of final decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 336


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Assuming that the letter in question constitutes a claim requiring a decision, sixty days had elapsed without a decision being taken by the organisation. "But a complainant is not thereby obliged to treat silence as an adverse decision. He may prefer to continue or to resume the correspondence in the hope of obtaining a favourable decision. If he continues or reopens the case in this way, he must wait for another period of sixty days' silence before he can treat his claim as rejected. Since the complainant has not obtained a final decision [...] the complaint is irreceivable."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    absence of final decision; failure to answer claim; internal appeal; receivability of the complaint; time limit;



  • Judgment 296


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complainant, after supplying details of his loss and damage, received an indemnity. The amount being small, he requested "if it was possible to re-examine the case. No reply was made to this letter and [...] the complainant [then] filed his complaint with the Tribunal. He did not lodge a complaint with the Director-General and he does not state any decision by the Director-General from which he is appealing. [...] The complaint is therefore time-barred and as such irreceivable."

    Keywords:

    absence of final decision; complaint; internal remedies exhausted; receivability of the complaint;



  • Judgment 279


    37th Session, 1976
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint shall not be receivable unless the internal means of redress have been exhausted. The right to submit a claim to an advisory body is regarded as an internal means of redress." In the present case, any decision taken by the administration and challenged by a staff member had to be referred within thirty days to the Advisory Board. "The complainant did not at any time appeal to that board and thereby failed to have recourse to internal means of redress at his disposal."

    Reference(s)

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

    Keywords:

    absence of final decision; advisory body; internal remedies exhausted; receivability of the complaint;



  • Judgment 213


    31st Session, 1973
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "If [the complainant] intends to impugn the refusal to give him a new appointment which he alleges in his complaint had been promised to him, he is not impugning any decision embodying such a refusal, and in any event he ought not to have addressed himself directly to the Tribunal before submitting an appeal to the [internal] appeals body [...] The fact that he was received by the Secretary-General [...] cannot be regarded as an alternative to such an appeal."

    Keywords:

    absence of final decision; internal remedies exhausted; 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 3

    Extract:

    In asking the Tribunal to rule on the question of reclassification before two successive decisions had been obtained from the Director-General, one on the recommendation of the Consultative Committee on Classification and the other on the recommendation of the appeals body, "the complainant has failed to observe the rule requiring that all internal remedies should have been exhausted."

    Keywords:

    absence of final decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 163


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "According to Article VII of the Statute of the Tribunal, a complaint submitted to the Tribunal shall not be receivable unless a final decision is impugned, the person concerned having exhausted such other means of resisting as are open to him under the applicable Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    absence of final decision; internal remedies exhausted; receivability of the complaint;

    Considerations

    Extract:

    The complaint is not directed against any decision taken by the Director-General. The complainant impugns a decision of 11 March; in fact no administrative authority of the organization took any decision on that date concerning the complainant; 11 March is the date on which he appealed to the internal appeals body. The complaint is therefore irreceivable.

    Keywords:

    absence of final decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 156


    24th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Tribunal finds that the complainant has not impugned a final decision after exhausting the internal appeal procedure and that he cannot validly plead that he was unaware of the provisions of the Staff Regulations and Rules concerning internal appeal procedures to justify his direct complaint to the Tribunal."

    Keywords:

    absence of final decision; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;



  • Judgment 114


    18th Session, 1967
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant failed to appeal against the impugned decision to the internal appeals body, contrary to statutory procedure. He has not therefore "exhausted the means at his disposition, under the applicable staff regulations. Accordingly his complaint is irreceivable under Article VII, paragraph 1, of the Statute of the Administrative Tribunal".

    Reference(s)

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

    Keywords:

    absence of final decision; complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant was appointed in the grade of P.1 and accepted such appointment. Had he considered that the classification of his post did not accurately reflect the type and level of his duties and responsibilities and the qualifications required of him, it was open to him [...] to request at any time a re-examination of the classification of the post he occupied, and this he did not do. Consequently his submission in respect of incorrect grading must also be set aside."

    Keywords:

    absence of final decision; internal remedies exhausted; post classification; receivability of the complaint;

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