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Application for execution (5,-666)

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Keywords: Application for execution
Total judgments found: 94

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  • Judgment 3821


    124th Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for interpretation and execution of Judgment 3491.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3491

    Keywords:

    application for execution; application for interpretation; complaint dismissed;



  • Judgment 3820


    124th Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for interpretation and execution of Judgment 3490.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3490

    Keywords:

    application for execution; application for interpretation; complaint dismissed;



  • Judgment 3792


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3045.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3045

    Keywords:

    application for execution; complaint allowed;



  • Judgment 3763


    123rd Session, 2017
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3505.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3505

    Keywords:

    application for execution; complaint allowed;



  • Judgment 3731


    123rd Session, 2017
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for interpretation and execution of Judgment 3235.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3235

    Keywords:

    application for execution; application for interpretation; complaint allowed;



  • Judgment 3724


    123rd Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed applications for execution of Judgments 2551 and 3637.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2551, 3637

    Keywords:

    application for execution; complaint dismissed;



  • Judgment 3723


    123rd Session, 2017
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3348.

    Consideration 2

    Extract:

    WMO […] argues […] that the application is irreceivable because the judgment had been fully satisfied. This argument concerning receivability is unfounded and should be rejected. An application for execution of a judgment is, by definition, premised on the contention that the judgment in question has not been properly executed. Determining whether or not that contention is correct plainly involves an examination of the merits of the application. Hence the receivability of an application for execution cannot be challenged by the defendant organisation on that basis.

    Keywords:

    application for execution;

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3348

    Keywords:

    application for execution; complaint allowed; reinstatement;



  • Judgment 3656


    122nd Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3230.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3230

    Keywords:

    application for execution; complaint dismissed;

    Consideration 3

    Extract:

    The Tribunal’s judgments carry the authority of res judicata and must be executed as ruled. The parties must work together in good faith to this end. Judgments must be executed within a reasonable period of time. In order to ascertain whether this is the case, all the circumstances of the case must be taken into account, especially the nature and the scope of the action which the organisation is required to take (see, in particular, Judgments 2684, under 4 and 6, and 3066, under 6).

    Reference(s)

    ILOAT Judgment(s): 2684, 3066

    Keywords:

    application for execution; execution of judgment;

    Consideration 4

    Extract:

    While there is no evidence in the file to show that Eurocontrol informed the complainant of all the steps it was taking to execute the judgment, this does not signify that it thus acted in breach of the principle of good faith. On the contrary, it must be found that there was nothing to prevent the complainant from inquiring as to what progress had been made with these deliberations before complaining to the Tribunal of an alleged failure to act on the part of the Organisation.

    Keywords:

    application for execution; execution of judgment;



  • Judgment 3637


    122nd Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed a second application for execution of Judgment 2551.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2551

    Keywords:

    application for execution; case sent back to organisation; complaint allowed;



  • Judgment 3636


    122nd Session, 2016
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3282.

    Consideration 3

    Extract:

    The Tribunal did not order the complainant’s reinstatement in Judgment 3282, nor did it order ESO to grant him a “notional reinstatement”, i.e. to pay the amounts the complainant would have earned if he had had his contract renewed. As the Tribunal did not order his reinstatement, his contract expired on 31 December 2011. As noted above, the Tribunal limited the award of compensation to “material damages in the amount equivalent to two years’ salary, including all benefits, entitlements and emoluments plus interest at a rate of 5 per cent per annum, less any amounts he has earned in that period”. Had it been its intent, the Tribunal would have specifically awarded payment of the amount equivalent to the contributions for the complainant’s pension and Health Insurance and Long Term Care Schemes. See, for example, Judgment 2621, consideration 5[.] Moreover, considering that access to the CERN Pension Fund requires a staff member to have a valid contract of employment, and that as of 1 January 2012 the complainant no longer had that status, it follows that he was not entitled to any contributions to the Pension Fund after the end of his contract on 31 December 2011.

    Reference(s)

    ILOAT Judgment(s): 2621, 3282

    Keywords:

    application for execution; material damages;

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3282

    Keywords:

    application for execution; complaint allowed;



  • Judgment 3635


    122nd Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants have filed applications for execution of Judgment 3238.

    Consideration 6

    Extract:

    It is clear from the wording of that consideration [...] that the sums equivalent to the various social contributions listed therein were to be paid directly to the complainants, and not to the institutions which normally receive such contributions. Indeed, this is the approach usually taken by the Tribunal where, as in the present case, staff members whose dismissal has been set aside are not reinstated in the employer organisation, because the social contributions that are due to such institutions by virtue of an employment relationship are devoid of any basis once this relationship ends.

    Keywords:

    application for execution; material damages; social benefits;

    Consideration 12

    Extract:

    International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require and, in particular, should the Tribunal order payment of a sum of money, to effect this payment without delay (see, inter alia, Judgment 82, under 5, the aforementioned Judgment 3152, under 11, and Judgment 3566, under 17). It would be a serious breach of the CDE’s obligations if the execution of such an order were rendered contingent on the availability of the requisite budgetary appropriations, should no due provision have been made for them beforehand, or on the Executive Board’s approval, with the inevitable corollary that, should these conditions not be met, CDE would consider itself released from this obligation, or authorised simply to delay the performance thereof until such time as they were met.

    Reference(s)

    ILOAT Judgment(s): 82, 3152, 3566

    Keywords:

    application for execution;

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3238

    Keywords:

    application for execution; case sent back to organisation; complaint allowed; joinder;

    Consideration 4

    Extract:

    The Tribunal recalls that its judgments, which according to Article VI of its Statute are “final and without appeal” and which also carry res judicata authority, are immediately operative (see, for example, Judgments 3003, under 12, and 3152, under 11). As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. They may form the subject of an application for interpretation by the Tribunal only if a party considers that the decision is deficient or insufficiently clear (see, for example, Judgments 1887, under 8, and 3394, under 9).

    Reference(s)

    ILOAT Judgment(s): 1887, 3003, 3152, 3394

    Keywords:

    application for execution; application for interpretation;



  • Judgment 3567


    121st Session, 2016
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3208.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3208

    Keywords:

    application for execution; complaint allowed;



  • Judgment 3566


    121st Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3239.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3239

    Keywords:

    application for execution; case sent back to organisation; complaint allowed;



  • Judgment 3565


    121st Session, 2016
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3162.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3162

    Keywords:

    application for execution; complaint allowed;



  • Judgment 3395


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that the complainant was entitled to compensation for the EPO's failure to comply with the Tribunal's order.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2919

    Keywords:

    application for execution; complaint allowed; consultation;



  • Judgment 3394


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3119

    Keywords:

    application for execution; case sent back to organisation; complaint allowed; execution of judgment; organisation's duties; res judicata;

    Consideration 10

    Extract:

    The Tribunal considers that WIPO, by taking it upon itself to interpret Judgment 3119 and by deciding of its own initiative to pay the complainant only two thirds of the sums due under point 2 of the decision, breached its duty to execute that judgment fully and correctly.
    Since, in the instant case, the Tribunal did not order the deduction from the sums due of any income received by the complainant during the period of his expulsion from WIPO, the latter was in no way entitled to make the full payment of these sums subject to the complainant’s declaration of such income or, of its own initiative, to make any deduction in that respect from the aforementioned sums.
    If the Organization deemed interpretation of the judgment in question necessary, it should have filed an application to that end. It did not do so. Moreover the Tribunal emphasises that, in Judgment 3119, it purposely decided that, unlike in certain other cases, in view of the circumstances, there were no grounds for deducting any income received by the staff member in question during his period of expulsion from the Organization.
    The application for execution must therefore be allowed.

    Reference(s)

    ILOAT Judgment(s): 3119

    Keywords:

    application for execution;



  • Judgment 3334


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the application for execution on the ground that the complainant did not show that the decision taken in application of the judgment in question was unlawful.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2956

    Keywords:

    application for execution;



  • Judgment 3332


    118th Session, 2014
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution following the Administration’s decision that the award of a disability pension compensated her for the Tribunal’s award of material damages.

    Consideration 6

    Extract:

    "The delay in paying the material damages was due to the IAEA seeking clarification regarding the complainant’s unique situation and that delay cannot be considered unreasonable or excessive under the circumstances."

    Keywords:

    application for execution; delay; material damages;

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3104

    Keywords:

    application for execution;



  • Judgment 3207


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for execution of Judgment 2890.

    Judgment keywords

    Keywords:

    application for execution;



  • Judgment 3153


    114th Session, 2013
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for interpretation and execution of Judgment 2861.

    Consideration 6

    Extract:

    "As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."

    Reference(s)

    ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061

    Keywords:

    application for execution; application for interpretation; case law; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;

    Judgment keywords

    Keywords:

    application for execution; application for interpretation; complaint dismissed; contributions; pension; unjspf;

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Last updated: 02.07.2020 ^ top