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Identical facts (54,-666)

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Keywords: Identical facts
Total judgments found: 17

  • 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 2913


    109th Session, 2010
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    WHO requests the joinder of two complaints.
    "The Tribunal finds that the two complaints were filed by two different staff members against two decisions which, although they bear the same date and are couched in almost identical terms, concern these staff members individually. Having regard in particular to the fact that the complaints are directed against disciplinary measures, the Tribunal considers that it must refuse the request for joinder (see Judgment 2343, under 5)."

    Reference(s)

    ILOAT Judgment(s): 2343

    Keywords:

    complainant; complaint; date; difference; disciplinary measure; exception; identical facts; individual decision; joinder; request by a party; same;



  • Judgment 1541


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "According to precedent complaints are to be joined only if they raise the same issues of fact and of law. The [complainant's] ninth and tenth complaints do rest on the same facts [...] and impugn the same decision, albeit each challenges a different part of it. But the issues of law are different [...] so the conditions for joinder are not met."

    Keywords:

    case law; complainant; complaint; condition; identical facts; joinder; refusal; same;



  • 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 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 1221


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Since the three complaints before the Tribunal "are about the personal status of one official and the disputes arose out of the same facts, [the complainant's] application for joinder is allowed."

    Keywords:

    complainant; complaint; complaint allowed; complaint allowed in part; decision quashed; identical facts; joinder; procedure before the tribunal; same;



  • Judgment 1189


    73rd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The principle of equal treatment applies only where staff in the same position both in law and in fact are shown not to have been treated alike."

    Keywords:

    equal treatment; general principle; identical facts;



  • Judgment 1053


    69th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complaints rest on the same issues of fact insofar as the International Atomic Energy Agency's conduct is concerned and on substantially the same facts as far as the complainants' own circumstances are concerned and the issues of law are identical. The cases are therefore joined."

    Keywords:

    condition; identical facts; joinder;



  • Judgment 666


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

    Consideration 2

    Extract:

    In this case, "the complainants' pleas and claims are not stated in identical terms, but in substance their case is the same. [...] All three complainants are in the same factual position. [...] A further fact that is material, in view of the nature of their claims, is that all three are married and have children [...] The material issue in the three cases is in essence the same and the Tribunal will rule on the single legal issue which the three complaints raise."

    Keywords:

    claim; difference; identical facts; joinder;



  • 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 626


    54th Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complaints "raise the same issues of fact and of law. [...] The Tribunal therefore joins the two cases and delivers a single judgment."

    Keywords:

    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 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The two complaints relate in part to the same facts and impugn decisions one of which is consequential to the other. In these circumstances the Tribunal must order the joining of the two complaints as proposed by the complainant."

    Keywords:

    complaint; identical facts; joinder;


 
Last updated: 02.07.2020 ^ top