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Claim moot (674,-666)

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Keywords: Claim moot
Total judgments found: 23

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  • Judgment 4432


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to accept only part of the recommendations of the Appeals Committee on his appeal against the postponement of a strike ballot by the President of the European Patent Office.

    Consideration 8

    Extract:

    [T]he jurisdiction of the Tribunal is to address alleged non-observance of the terms of appointment of a member of the staff of an international organisation or the non-observance of the Staff Regulations ďas are applicable to the caseĒ (Article II of the Tribunalís Statute). If non-observance of a Staff Regulation (or other applicable normative legal document) is conceded before the proceedings in the Tribunal are commenced (in this case non-observance of paragraph 3 of Circular No. 347), there is no justiciable issue about non-observance for the Tribunal to determine. At least ordinarily, the reasons for the concession are irrelevant to the issue of non-observance.

    Keywords:

    claim moot; competence of tribunal; ratione materiae;



  • Judgment 4275


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his classification in the new career structure established following the 2015 five-yearly review.

    Judgment keywords

    Keywords:

    claim moot; complaint dismissed; reclassification;

    Considerations 4-5

    Extract:

    By letter dated 12 July 2018, the Director-General informed the complainant that the career review by the Departmental Committee and the representative of the Human Resources Department had found that his functions and activities matched the benchmark job and the grade to which he had been assigned. On 10 September 2018 the complainant filed an internal appeal against that decision. The Joint Advisory Appeals Board recommended that the appeal be dismissed and, on 13 May 2019, the Director-General informed the complainant that she had decided to follow that recommendation and that, accordingly, his grade and benchmark post were maintained.
    This was a new decision taken after a fresh examination by different bodies of the Organization. The complainant has not impugned that new decision before the Tribunal, and consequently it has become final.
    If the decisions of 18 August 2016, 30 June 2017 and 25 May 2018 on the complainantís assignment to grade 2 in the benchmark job of ďmechanical craftspersonĒ were set aside, the new decision would remain intact.
    Accordingly, this complaint has become moot and there is no need to rule on it.

    Keywords:

    claim moot;



  • Judgment 4257


    129th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his staff report for 2014.

    Consideration 19

    Extract:

    The substance of the relief sought concerning the 2014 staff report is that it be set aside and removed from the complainantís personal file. That has already happened, but well after the complaint was filed, by administrative action. No orders to this effect need be made. However the complainant has succeeded in the sense that some of his arguments have been accepted. Accordingly he is entitled to his costs. In the unusual circumstances of this case, the complaint should be dismissed but an order for costs made in favour of the complainant.

    Keywords:

    claim moot; costs;



  • Judgment 4158


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.

    Consideration 6

    Extract:

    Inasmuch as the Director General dismissed the Joint Grievance Panelís report, the Tribunal considers that it is not necessary to examine the complainantís arguments concerning the irregularities which allegedly tainted this opinion. Indeed, since the latter was not taken into account by the Director General, the arguments in question are irrelevant.

    Keywords:

    claim moot;



  • Judgment 4157


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.

    Consideration 9

    Extract:

    The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the damage suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity.
    In order to justify increasing the award of compensation, the complainant cites numerous irregularities committed by the reviewing officer, the violation of the adversarial principle owing to the absence of discussion prior to her evaluation, the formal flaw in the evaluation, which was not written in electronic form but handwritten, the lateness of the 2012 evaluation, the absence of dialogue, the clear desire to negate and denigrate her work, misuse of authority, and partiality against her.
    The Appeal Board concluded that the shortcomings in the 2013 evaluation for the complainant were ďobvious and numerousĒ. The Director General shared this view and removed the reviewing officerís comments and rating. Consequently, the complainantís arguments concerning the irregularities committed by the reviewing officer, as set out above, have become moot and there is no need to examine them. Furthermore, the cited irregularities are not, in the present case, such as to aggravate the moral injury suffered by the complainant.

    Keywords:

    claim moot; compensation;



  • Judgment 4156


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.

    Consideration 3

    Extract:

    The complainantís requests concerning the reviewing officerís irregular evaluation have therefore become moot. Consequently, it is not necessary to rule on this point (see, for example, Judgments 2784, consideration 7, and 3179, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 2784, 3179

    Keywords:

    claim moot;



  • Judgment 4119


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependantsí allowance.

    Consideration 5

    Extract:

    Judgment 3291 has been given in related proceedings so the request for joinder has become moot.

    Reference(s)

    ILOAT Judgment(s): 3291

    Keywords:

    claim moot; joinder;



  • Judgment 4088


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reassign him to the General Service category upon the expiry of his fixed-term appointment to a position in the Professional category.

    Consideration 6

    Extract:

    The IAEA requests the joinder of the present complaint with the complainantís first complaint filed in the Tribunal. This request has, however, become moot because the Tribunal has already ruled on the complainantís first complaint in Judgment 4023.

    Reference(s)

    ILOAT Judgment(s): 4023

    Keywords:

    claim moot; joinder;

    Consideration 6

    Extract:

    The complainantís request for the disclosure of ďall documents related to the decision and the previous justification that were used for the [last] extension [of his fixed-term appointment in the P category]Ē is also moot inasmuch as he has acknowledged that the IAEA has provided him with the documents which he requested.

    Keywords:

    claim moot; disclosure of evidence;



  • Judgment 4086


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain her contested job description.

    Consideration 1

    Extract:

    WIPOís contention that this complaint is moot as the complainant was transferred from the post for which the contested job description was issued is rejected. This is because the alleged failure mentioned above may nevertheless have produced legal effects (see, for example, Judgment 3648, under 3).

    Reference(s)

    ILOAT Judgment(s): 3648

    Keywords:

    claim moot;



  • Judgment 4080


    127th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that the Organisation has breached its duty of care towards him following an accident at work, involving a contractor, which resulted in national judicial proceedings.

    Consideration 8

    Extract:

    There is no need to quash the impugned decision insofar as it refused the disclosure of the internal audit report, since that report was produced subsequently, which has rendered the complainantís claims regarding this matter moot. [...]

    Keywords:

    claim moot; disclosure of evidence;



  • Judgment 4060


    127th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, an ICC Senior Security Officer, contests the decision to temporarily withdraw his authorisation to carry a firearm.

    Consideration 3

    Extract:

    Consistent precedent has it that ď[a]s a matter of law, a claim is moot when there is no longer a live controversy. Whether or not there is a live controversy is a matter to be determined by the TribunalĒ (see, for example, Judgment 2856, under 5). As a result of the reinstatement of the complainantís firearm authorisation, the impugned decision is no longer operative and, consequently, the complainantís claim for the reversal of ďthe decision to temporarily remove [his] authority to carry a firearm or, in case this cannot be granted, reinstate [his] authorisation to carry a firearmĒ has been overtaken by the 22 February 2017 decision. The fact that the impugned decision is no longer in force, however, does not resolve the other live issues between the parties concerning the lawfulness of that decision and the consequences of that decision for which the complainant claims moral damages.

    Reference(s)

    ILOAT Judgment(s): 2856

    Keywords:

    cause of action; claim moot; complaint; receivability of the complaint;



  • Judgment 3999


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify her post.

    Considerations 9-10

    Extract:

    The Tribunal notes that the decision which was contested in the internal appeal proceedings was the refusal to submit the complainantís post to a reclassification exercise. That was remedied by the final decision [...], ordering that a reclassification exercise be undertaken. In fact, the Director Generalís decision was implemented and a reclassification exercise took place [...], with the result that the Classification Committee found that the complainantís post was properly classified at grade P-4. The complainant was informed of the outcome of the reclassification exercise by an internal memorandum dated 13 January 2015, that is, after she filed the present complaint. [...]
    Insofar as the complainant contests the decision not to submit the request for reclassification of her post to HRMD, the Tribunal finds that this claim is moot as that decision was replaced by the final decision [...]. With regard to the issues raised by the complainant to support her claim regarding the unlawfulness of the decision not to consider reclassifying her post, they are superseded by the final decision.

    Keywords:

    claim moot;



  • Judgment 3997


    126th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his 2012 performance evaluation.

    Consideration 7

    Extract:

    The remainder of the complainantís claims are that the impugned decision be quashed, that the Tribunal declare the contentious performance evaluation null and void and that he be awarded costs. However there is no basis for granting this relief (putting aside the question of costs) as the performance evaluation was set aside in the impugned decision. At law, it no longer exists so there is nothing on which the order as sought in the Tribunal could operate.

    Keywords:

    claim moot;



  • Judgment 3909


    125th Session, 2018
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of his temporary appointment.

    Consideration 2

    Extract:

    The Tribunal considers that the complainantís request has become moot since [...] the requested items have been provided.

    Keywords:

    claim moot; disclosure of evidence;



  • Judgment 3884


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

    Consideration 24

    Extract:

    [S]ince there is no reason to reinstate the complainant in her post, [...] her challenge to her successorís appointment, which would obviously make sense only if her reinstatement were possible, has become irrelevant.

    Keywords:

    claim moot;



  • Judgment 3747


    123rd Session, 2017
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a post.

    Consideration 3

    Extract:

    The Tribunal concludes that the complainantís claims are not moot insofar as the Director General, who did not follow the Appeal Boardís recommendations, decided not to annul the competition, and to award the complainant [Ö] moral damages. This is because these aspects of the Director Generalís decision [Ö] would not have been affected by the outcome of the revised report [Ö] and the Director Generalís decision following his receipt of that report.

    Keywords:

    claim moot;



  • Judgment 3648


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition process in which she participated and the lawfulness of the ensuing appointment.

    Consideration 3

    Extract:

    WIPO asserts that the complaint is now moot. In support of this contention, it points out that Mrs H. was transferred to another post [...] and that a new selection procedure [...] resulted in the appointment of another staff member [...]. However, the fact that Mrs H. has now been replaced in the post to which she was appointed at the end of the disputed competition does not by any means render moot the complaint against the decision to appoint her to that post, since that decision was nevertheless implemented and produced legal effects (see, for example, Judgments 1680, under 3, 3206, under 12, 3449, under 4, in fine, and 3546, under 3).

    Reference(s)

    ILOAT Judgment(s): 1680, 3206, 3449, 3546

    Keywords:

    claim moot;



  • Judgment 3546


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the principle of extending the active service of a staff member beyond the age of 65 and the terms thereof.

    Consideration 3

    Extract:

    "[T]he ILO [...] contends that, in his decision [...], the Director-General endorsed the JAABís recommendation that he should review and clarify the Officeís practices with regard to the employment of staff members beyond the statutory retirement age. However, the mere fact that the Director-General thus undertook to adopt general measures on that matter in the future obviously does not render moot the complainantís request [...]."

    Keywords:

    claim moot;



  • 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; claim moot; complaint dismissed;



  • Judgment 3131


    113th Session, 2012
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    This judgment [i.e. different judgment between the same parties], which was delivered after the parties to the present proceedings had made their final submissions, has the effect of overturning the facts in the case by depriving it of its main purpose.

    Keywords:

    case without object; claim moot; judgment of the tribunal;

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Last updated: 23.09.2021 ^ top