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Receivability of the complaint (76, 77, 78, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)

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Keywords: Receivability of the complaint
Total judgments found: 694

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  • Judgment 1433


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Article VII (1) of the Tribunal's Statute requires that for a complaint to be receivable the complainant must have 'exhausted such other means of resisting a final decision as are open to him under the applicable staff regulations'. The Tribunal recognises that reasonable time must be allowed for completing the internal appeal procedure. Yet in this case [fifteen months had passed between the date of the complainant's internal appeal and the organization's response to the appeal] objections to receivability ill become the defendant".

    Keywords:

    absence of final decision; administrative delay; case law; complaint; date; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;

    Consideration 8

    Extract:

    "As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;

    Consideration 6

    Extract:

    "The complainant was kept waiting over sixteen months [...] for an answer to his request [...] and fifteen months for the [organisation] to file its reply [...] to his appeal [...] and so let the internal appeal procedure go ahead. The Tribunal holds that since he took all the steps he could take to obtain a final decision and since the [organisation] failed to discharge promptly its obligations under the internal procedure he was justified in coming to the Tribunal. That is in keeping with what the Tribunal ruled in, for example, Judgment 1243 [...]."

    Reference(s)

    ILOAT Judgment(s): 1243

    Keywords:

    absence of final decision; administrative delay; case law; complaint; date; direct appeal to tribunal; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The impugned decision having been withdrawn and declared null and void by its author, "whatever his reasons for doing so may have been, the only possible inference is [...] that the complainant has no cause of action and his complaint is therefore irreceivable." The Tribunal need not rule on the substantive question he raises in the absence of any substantive dispute between the parties.

    Keywords:

    cause of action; competence of tribunal; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 1430


    79th Session, 1995
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".

    Keywords:

    cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;



  • Judgment 1429


    79th Session, 1995
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    See Judgment 1244.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    ILOAT Judgment(s): 1244

    Keywords:

    case law; complaint; iloat statute; internal appeal; internal remedies exhausted; interpretation; procedure before the tribunal; receivability of the complaint;



  • Judgment 1423


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

    Consideration 4

    Extract:

    Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."

    Keywords:

    cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;



  • Judgment 1421


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

    Consideration 3

    Extract:

    See Judgment 442, considerations 2 and 3

    Reference(s)

    ILOAT Judgment(s): 442

    Keywords:

    admissible grounds for review; application for review; case law; inadmissible grounds for review; judgment of the tribunal; receivability of the complaint; res judicata;



  • Judgment 1420


    78th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    See Judgment 1419, consideration 20.

    Keywords:

    complaint; new plea; organisation; receivability of the complaint; reply; surrejoinder;



  • Judgment 1419


    78th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "It is inadmissible for the Observatory in its surrejoinder - to which it knows the complainants do not have the opportunity of answering - to raise a new objection to receivability on the strength of facts it was aware of at the time of filing. The plea is the less acceptable for being at odds with the ESO's reply."

    Keywords:

    complaint; new plea; organisation; receivability of the complaint; reply; surrejoinder;



  • Judgment 1413


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[The complainant's] claim to a higher grade is irreceivable. Even if her career did suffer delay she may not seek redress on that account in the context of the choice of career path; nor may she impugn any decision that she failed to challenge in time or object to her grading as administrative assistant."

    Keywords:

    assignment; career; complaint; delay; post classification; promotion; receivability of the complaint; right of appeal; time bar; time limit;



  • Judgment 1407


    78th Session, 1995
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant challenges the change in her title from "assistant" to "secretary". The WTO argues that she has no cause of action but the Tribunal holds that "the title forms part of an official's status and so any change in the title is challengeable."

    Keywords:

    amendment to the rules; injury; receivability of the complaint; staff regulations and rules; title of post;



  • Judgment 1399


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The first [question] is whether the complainant may come to the Tribunal if he is no longer on the staff of CERN and that is the reason why the Director-General has declined to entertain his internal appeal. There need be no doubt about the answer. [...] The Tribunal is open to any official, 'even' - as Article II (6)(a) of the Statute puts it - 'if his employment has ceased', who lodges a complaint alleging non-observance of the terms of his contract or of the rules that apply to him."

    Reference(s)

    ILOAT reference: ARTICLE II (6)(A) OF THE STATUTE

    Keywords:

    competence of tribunal; former official; iloat statute; locus standi; ratione materiae; ratione personae; receivability of the complaint; status of complainant;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "At the date of filing [...] the decision [the complainant] is impugning did indisputably cause him injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail."

    Keywords:

    application for quashing; cause of action; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 1393


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."

    Keywords:

    absence of final decision; date; general decision; good faith; individual decision; internal appeal; internal appeals body; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 7

    Extract:

    Vide Judgment 1279, consideration 9.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    case law; general decision; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 8

    Extract:

    "Consistent rulings by the Tribunal make it plain that the act which is challengeable and so sets off the time limit will ordinarily be some individual decision notified to the staff member. Only that decision affords him unquestionable and final notice that the time limit is set off and that he will have to act if he wants to assert his rights."

    Reference(s)

    ILOAT Judgment(s): 323, 398, 624, 625, 626, 902, 963, 1081, 1101, 1134, 1148

    Keywords:

    case law; cause of action; date of notification; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1392


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The appeal procedure set forth in the Service Regulations is, to quote Article 106, an individual appeals system. Such too is the basic feature of the system of appeal embodied in Article II of the Statute of the Tribunal, though it is subject to the provision in Article VII(2) setting a special time limit for appeal against any decision affecting a 'class of officials', which runs from the date of issue. So it is only by virtue of an individual contract of employment with the organisation that someone may lodge a complaint and the complainant may not alter the nature of the suit by declaring when he files the complaint that he is doing so as a staff union representative."

    Reference(s)

    ILOAT reference: ARTICLE II AND ARTICLE VII(2) OF THE STATUTE
    Organization rules reference: ARTICLE 106 OF THE EPO SERVICE REGULATIONS

    Keywords:

    competence of tribunal; complainant; complaint; general decision; iloat statute; internal appeal; locus standi; publication; receivability of the complaint; staff regulations and rules; staff representative; start of time limit; time limit; tribunal;



  • Judgment 1383


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

    Considerations 7-10

    Extract:

    The organization contends that the Tribunal lacks competence to hear a complaint from a "temporary adviser", whose status does not imply the right of appeal. But the Tribunal finds that the organization has described her "as holding an appointment as [a] short-term consultant. [...] Her contract was for a total of over ninety days, she was therefore not a 'temporary advisory' whithin the meaning of [WHO Manual paragraph] II.12.590." holding a "temporary short-term appointment as a consultant [...] she therefore qualified as a 'staff member'" with the right to appeal. "The rules draw no distinction between 'regular' staff members and the holders of temporary appointments."

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.12.590

    Keywords:

    duration of appointment; external collaborator; internal appeal; locus standi; ratione personae; receivability of the complaint; right of appeal; short-term; staff member; staff regulations and rules;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;



  • Judgment 1379


    78th Session, 1995
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant "has neither asked for review of [the impugned decision] nor lodged an internal appeal against it. So she has not exhausted the internal means of redress which were available to her, and her complaint is [...] irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complaint; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1368


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The plea of breach of acquired rights is receivable and in ruling on it the Tribunal may take into account any issues of fact it deems material." Citing Judgment 986 [...], the Tribunal holds that "an employee may properly plead a decline in his situation tantamount to impairment of the essential and fundamental terms of his employment, even if the decline has been gradual and due to an accumulation of decisions which are no longer open to challenge and none of which, taken singly, would have been declared unlawful."

    Reference(s)

    ILOAT Judgment(s): 986

    Keywords:

    acquired right; amendment to the rules; breach; case law; cumulative decisions; flaw; judicial review; receivability of the complaint; terms of appointment;

    Consideration 11

    Extract:

    "For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."

    Reference(s)

    ILOAT Judgment(s): 1329

    Keywords:

    acquired right; application for quashing; breach; contract; general decision; individual decision; pay slip; receivability of the complaint; staff regulations and rules;



  • Judgment 1363


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."

    Reference(s)

    Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS

    Keywords:

    absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure before the tribunal; receivability of the complaint; report; staff regulations and rules;



  • Judgment 1359


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."

    Keywords:

    candidate; cause of action; competition; internal candidate; procedural flaw; procedure before the tribunal; receivability of the complaint; staff member's interest; staff regulations and rules; vacancy notice;

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Last updated: 06.05.2021 ^ top