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Identical claims (53,-666)

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Keywords: Identical claims
Total judgments found: 22

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  • Judgment 3058


    112th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is well established that the same question cannot be the subject of more than one proceeding between the same parties. Accordingly, to the extent that these complaints raise the very same issue raised in the proceedings in respect of which the Tribunal has issued Judgment 3056, that aspect of the present complaints must be struck out."

    Reference(s)

    ILOAT Judgment(s): 3056

    Keywords:

    finality of judgment; identical claims; identical facts; res judicata; same parties;



  • Judgment 2944


    109th Session, 2010
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "[The] complaints, which contain some common claims and rest in part on the same arguments, are largely interdependent. The Tribunal therefore considers that they should be joined in order that they may form the subject of a single judgment."

    Keywords:

    complaint; condition; identical claims; identical facts; joinder; same;



  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant argues that the competition procedure was flawed owing to the fact that one of the members of the Selection Board was not present at the pre-selection meeting. The Organisation does not deny this fact but considers that this procedural flaw could not invalidate the pre-selection since the Selection Board, which decided unanimously, would not have reached a different conclusion even if all Board members had been present.
    Basing itself on the applicable rules the Tribunal considers that "the absence of one member of the Board did constitute a flaw, despite the fact that the Board's opinion was unanimous. Since the flawed composition of the Selection Board could not be corrected through subsequent consultation of the absent member, the competition procedure, which is tainted with a formal flaw, must be set aside where the complainant is concerned [...]. The complainant must therefore be restored to the position in which he was prior to the [pre-selection] meeting [...], and his application must be reviewed in accordance with the applicable rules."

    Keywords:

    candidate; claim; compensation; competition; complainant; complaint allowed; complaint allowed in part; composition of the internal appeals body; consequence; consultation; decision; decision quashed; difference; enforcement; flaw; formal flaw; identical claims; procedural flaw; procedure before the tribunal; provision; selection board; written rule;



  • Judgment 2311


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complaints must [...] be dismissed. Consequently, the applications to intervene filed by interveners whose claims are the same as the complainants' must likewise be dismissed. Insofar as some of the applications to intervene include other claims, they are irreceivable, as are those submitted by unidentified claimants."

    Keywords:

    claim; complainant; complaint; difference; identical claims; intervention; official; receivability of the complaint; request by a party; same;



  • Judgment 2218


    95th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

    Keywords:

    claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;



  • Judgment 1680


    84th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainants apply for joinder. The Organization does not object though it rightly points out that the facts differ somewhat from case to case. Since the complaints raise the same issues of law they are joined."

    Keywords:

    complaint; complaint allowed; condition; decision quashed; identical claims; joinder;



  • Judgment 1462


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The intervener offers no factual evidence to show that her duties entitled her to the allowance. She merely says that she is in the same position as two of the complainants. "She neither shows nor even seeks to show that she is in the same position in fact and in law as others who are claiming the allowance in complaints to the Tribunal. So her application is [...] irreceivable."

    Keywords:

    condition; identical claims; identical facts; intervention; receivability of the complaint; same purpose;



  • Judgment 1461


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Since the two complaints raise the same issues of fact and law and seek the same redress, they are therefore joined to form the subject of a single judgment."

    Keywords:

    complaint; complaint allowed; decision quashed; identical claims; identical facts; joinder; same purpose;



  • Judgment 1423


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "By his pointless repetition of arguments on claims which the Tribunal has rejected in previous complaints, the complainant has refused to accept that the decisions of the Tribunal are res judicata. His conduct in reverting to issues which the Tribunal has already ruled on amounts to an abuse of process."

    Keywords:

    identical claims; judgment of the tribunal; res judicata; same parties; same purpose; vexatious complaint;



  • Judgment 1277


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."

    Reference(s)

    ILOAT Judgment(s): 435

    Keywords:

    case law; complaint; identical claims; identical facts; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1272


    75th Session, 1993
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Though not in like case as to the appointment, [the two complainants] have much the same arguments and the same claims. So their complaints are joined to form the subject of a single ruling."

    Keywords:

    complaint; complaint allowed; decision quashed; identical claims; joinder;



  • Judgment 874


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Tribunal will ordinarily join cases only if the purpose of the suit, the issues of fact and the defendant are the same. [...] But the sound administration of justice demands joinder. Though there may be differences, the purpose of both suits is to get a ruling by the Tribunal on a dispute that has arisen over the consequences of its earlier judgment".

    Reference(s)

    ILOAT Judgment(s): 792

    Keywords:

    identical claims; joinder;



  • Judgment 862


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complaints are joined because each makes the same pleas and claims and rests on the same facts."

    Keywords:

    complaint; condition; identical claims; joinder; same;



  • Judgment 762


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Before the Tribunal will join two or more complaints, two conditions must be fulfilled. the first is that the substance of the claims must be the same, whatever their wording. The second is that the material facts, viz. those on which the claims rest, should be the same. [...] It is immaterial that the complainants advance more or less different pleas since the content of the pleas lays no constraint on the Tribunal's ruling."

    Keywords:

    application of law ex officio; complaint; condition; definition; identical claims; joinder;



  • Judgment 725


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

    Consideration 4

    Extract:

    The complainant submitted the same claims in his sixth and seventh complaints, asking for six months' salary and financial compensation. Therefore identical claims may not twice be submitted to the same instance, the claims re-submitted in his seventh complaint are irreceivable.

    Keywords:

    identical claims; receivability of the complaint; res judicata;



  • Judgment 663


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Before the Tribunal will join complaints and deal with them in a single judgment two conditions must be fulfilled. The first is that the substance of the claims must be the same. Whether they are stated differently is of no account: what matters is that the Tribunal should be able to rule on them in a single decision. The second condition is that the material facts, viz. those on which the claims rest and which are relevant thereto, should be the same. The complaints need not all contain the same arguments and rest on the same legal reasoning. The Tribunal rules as it sees fit and is not constrained by the parties' submissions."

    Keywords:

    application of law ex officio; condition; identical claims; identical facts; joinder;



  • Judgment 657


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    For the Tribunal to join two or more complaints and deal with them in a single judgment, both the substance of the claims and the material facts should be the same. "The complainants need not all have the same arguments. The Tribunal rules as it sees fit and is not constrained by the parties' submissions, variations between them being immaterial."

    Keywords:

    condition; identical claims; identical facts; joinder;



  • Judgment 656


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 657, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    condition; identical claims; identical facts; joinder;



  • Judgment 391


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

    Consideration 1

    Extract:

    Each of the complainants "has filed a complaint against the organisation and a rejoinder which [...] rest on the same facts and make the same pleas and claims. The [organisation] has filed a single reply and a single surrejoinder. The Tribunal will therefore join the complaints and give a single decision."

    Keywords:

    identical claims; identical facts; joinder;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Since [the interveners themselves] failed to file a complaint in time [...] they may neither put forward pleas nor lodge claims which differ from those of the complainants. It is therefore necessary to consider only the content of the complaint, and the applications to intervene will fare in the same way as do the complaints."

    Keywords:

    claim; complaint; identical claims; intervention;

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Last updated: 02.07.2020 ^ top