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Application for execution (5,-666)

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Keywords: Application for execution
Total judgments found: 100

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  • Judgment 2178


    94th Session, 2003
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    In its judgment on the complainant's first complaint the Tribunal ordered that he be compensated because he had been wrongfully terminated. In his application for review of that judgment "the complainant seeks compensation in respect of the loss of the tax immunities he enjoyed by virtue of the agreement between the [...] authorities [of the host country] and the [organisation]. Since the complainant has not been reinstated in his post, he is no longer entitled to those immunities. Nor is he entitled to compensation for the loss thereof: the tax regime governing the exemptions he may claim is solely a matter for the competent authorities of the host state, and the [organisation] cannot be held liable for direct or indirect taxes owed by the complainant."

    Reference(s)

    ILOAT Judgment(s): 2090

    Keywords:

    allowance; application for execution; domestic law; headquarters agreement; judgment of the tribunal; privileges and immunities; reconstruction of career; reinstatement; request by a party; tax;

    Considerations 3-4

    Extract:

    The complainant filed an application for execution less than two months after the judgment on his first complaint was delivered. "The haste with which he came to the Tribunal is all the more regrettable for the fact that the discussions taking place between the parties could have enabled them, if not to reach an agreement, then at least to clarify certain aspects of the case which remain uncertain [...]. The Federation raises the question of whether under these circumstances the application for execution is receivable. However, the Tribunal's case law shows a constant line of precedent on this issue: any serious difficulty concerning the execution of a judgment can validly be brought before the Tribunal by means of an application for execution. In the present case, it is to be regretted that the difficulties could not be overcome by the parties through discussion in good faith, but the Federation may not object to the receivability of the complainant's application."

    Reference(s)

    ILOAT Judgment(s): 2090

    Keywords:

    application for execution; case law; condition; execution of judgment; iloat; judgment of the tribunal; receivability of the complaint; time limit;



  • Judgment 2065


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    "In this application the complainant is challenging the decision of 31 August 2000 [...] However, the President's new decision of 11 April 2001 [...] has deprived the application of a cause of action. Since he claims costs, it must be determined whether the complainant did have a cause of action at the time of filing this application on 11 October 2000."

    Keywords:

    application for execution; cause of action; claim; costs; date; decision; executive head; no cause of action; receivability of the complaint;



  • Judgment 2016


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "As emphasised by the [organisation], the applicable interim Staff Rules provide that the education grant is calculated on the basis of expenses actually incurred. The complainant cannot therefore claim grants calculated on the hypothetical basis of the costs that would have been incurred had he remained in service."

    Keywords:

    allowance; application for execution; burden of proof; condition; education expenses; evidence; family allowance;



  • Judgment 1978


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The case law has it that the exhaustion of all internal remedies is not necessary before filing an application for execution. However, the possibility of direct recourse to the Tribunal does not exclude first lodging an internal appeal (see Judgment 1887, [...] under 5, and the case law cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1887

    Keywords:

    application for execution; case law; direct appeal to tribunal; internal appeal; internal remedies exhausted;

    Consideration 4

    Extract:

    "An application for execution may only address issues covered by the initial judgment, which carries the authority of res judicata (see Judgment 1887 [...] under 8)."

    Reference(s)

    ILOAT Judgment(s): 1887

    Keywords:

    application for execution; general principle; res judicata; same cause of action;



  • Judgment 1892


    88th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The claims relating to the failure to execute the judgment sending the case back to the organisation for a new ruling on his appeal [...] must be disallowed because the [...] procedure necessitated by the judgment quashing the original decision was [...] implemented swiftly." [After a new recommendation by the Joint Committee for Disputes, the Director General rejected the complainant's new internal appeal three and a half months after the Tribunal's judgment that was then made the subject of an application for execution.]

    Keywords:

    application for execution; case sent back to organisation; decision; decision quashed; delay; execution of judgment; internal appeal; judgment of the tribunal; remand; time limit;

    Consideration 4

    Extract:

    By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organisation. The Tribunal considers that "it was appropriate to resume the procedure by referring the matter back to the Joint Committee for Disputes because it was the unlawful nature of the latter's opinion that led to the quashing of the decision. However, proper execution of the judgment did not necessarily imply recognition that the complainant's appeal was sound: all that was required was a new decision taken after due process."

    Reference(s)

    ILOAT Judgment(s): 1814

    Keywords:

    application for execution; case sent back to organisation; decision; decision quashed; due process; execution of judgment; flaw; internal appeal; internal appeals body; judgment of the tribunal; organisation's duties; purport; remand; report;



  • Judgment 1887


    87th Session, 1999
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Application for the execution of a previous judgment.
    "The Tribunal's case law has it that exhausting all internal remedies is not in fact necessary in cases which involve determining whether the authority responsible for executing a judgment has respected its terms. It is however in principle essential when a case is sent back to that authority to resume or continue the procedure and when the judgment leaves it a degree of discretion. However, with a view to avoiding a sheer pedantic approach, the Tribunal will waive the requirement for exhaustion of internal remedies where no legal purpose is served, for example where the case is fit to be judged and the parties have submitted their pleas (see Judgment 1771 [...] and the case law cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1771

    Keywords:

    application for execution; case law; cause; direct appeal to tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal;



  • Judgment 1812


    86th Session, 1999
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There is no single time limit for executing judgments. The Tribunal's practice is to let the organisation have a reasonable amount of time to act, and what is reasonable will depend, among other things, on the circumstances and the issues at stake. To be sure, the Tribunal has said more than once that any lump-sum award by the Tribunal is to be paid in 30 days [see Judgments 1620 and 1748]. That deadline holds good when the organisation may readily work out the amount due. But it does not when a case is sent back for a new decision: the time to be allowed will then turn on the peculiarities of the case."

    Reference(s)

    ILOAT Judgment(s): 1620, 1748

    Keywords:

    application for execution; case law; case sent back to organisation; delay; execution of judgment; judgment of the tribunal; organisation's duties; practice; time limit; tribunal;



  • Judgment 1797


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    "The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."

    Reference(s)

    ILOAT Judgment(s): 1338

    Keywords:

    allowance; application for execution; case law; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;



  • Judgment 1792


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)

    Reference(s)

    ILOAT Judgment(s): 365, 366

    Keywords:

    application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;



  • Judgment 1784


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Under Manual paragraph I.2.510 the Organization is empowered to require that the original bills be attached to the form that the staff member must fill up to claim the education grant. It does not have to accept evidence of the sort the complainant is offering. It will evaluate any alternative proof he may produce in the absence of the bills. Original documents must have gone astray before, and it is often possible to reconstitute them. It is up to the Organization to decide - subject to review by the Tribunal - whether the proof offered is satisfactory."

    Reference(s)

    Organization rules reference: PARAGRAPH I.2.510 OF WHO MANUAL

    Keywords:

    admissibility of evidence; allowance; application for execution; appraisal of evidence; burden of proof; complainant; disclosure of evidence; discretion; education expenses; evidence; judicial review; lack of evidence;



  • Judgment 1783


    85th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;



  • Judgment 1717


    84th Session, 1998
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."

    Reference(s)

    ILOAT Judgment(s): 1614

    Keywords:

    allowance; application for execution; application for interpretation; definition; interpretation; salary; tribunal;



  • Judgment 1702


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Neither of the parties informed the Tribunal of the FAO's decision of 19 June 1995 to recognise the complainant's illness as service-incurred." Having been accordingly unaware of that fact when it delivered Judgment 1486 on 1 February 1996, the Tribunal "regards that failure as a breach of the courtesy which the parties owed it."

    Reference(s)

    ILOAT Judgment(s): 1486

    Keywords:

    application for execution; case pending; decision; duty to inform; judgment of the tribunal; procedure before the tribunal; tribunal;



  • Judgment 1523


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Although the Tribunal will make no award of damages for the delay in sending the case back, the complainant is entitled to costs because he had to come to the Tribunal to apply for execution."

    Keywords:

    application for execution; costs; judgment of the tribunal;



  • Judgment 1522


    81st Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."

    Keywords:

    advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent appointment; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;



  • Judgment 1514


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In the light of Judgment 1368 "what [CERN] had to do was not just take new decisions untainted with the flaw the Tribunal had found but apply all the other material, procedural and substantive rules, which, having set aside the impugned decisions on the grounds of that flaw alone, the Tribunal had had no need to comment on. So any objections to the lawfulness of the decisions taken in compliance with the duty [set by the Tribunal] have a bearing on the execution of the judgment. And, as is plain from the case law - see, for example Judgments 732 [...] and 1328 [...] - the complainants did not have to go through the internal appeal procedure before coming back to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 732, 1328, 1368

    Keywords:

    application for execution; case law; due process; exception; execution of judgment; internal remedies exhausted; judgment of the tribunal; organisation's duties;



  • Judgment 1427


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".

    Keywords:

    application for execution; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;

    Consideration 10

    Extract:

    The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."

    Keywords:

    administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral injury; organisation's duties;



  • Judgment 1410


    78th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    See Judgment 1409, consideration 7.

    Keywords:

    application for execution; application for review; organisation; reply;



  • Judgment 1409


    78th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "In the context of its reply to the complainants' application for execution the organization makes its own application for review of the judgment. Its application is refused. It should properly have filed a separate application, not sought review in the context of its reply."

    Keywords:

    application for execution; application for review;



  • Judgment 1365


    77th Session, 1994
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."

    Reference(s)

    ILOAT Judgment(s): 1272

    Keywords:

    application for execution; breach; consequence; execution of judgment; flaw; judgment of the tribunal; material damages; organisation's duties; procedure before the tribunal; res judicata;

    Consideration 9

    Extract:

    The complainants seek the quashing of a decision in which the WTO refused to resume the appointment process as ordered in Judgment 1272. "Yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the Tribunal exercises the option that Article VIII of its Statute allows of not setting aside the [impugned] decisions."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE
    ILOAT Judgment(s): 1272

    Keywords:

    application for execution; breach; consequence; damages; execution of judgment; flaw; judgment of the tribunal; organisation's duties; procedure before the tribunal; res judicata;

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Last updated: 26.10.2020 ^ top