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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 764


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

    Consideration 4

    Extract:

    "A decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury. One that has no effect on his position is not, for example an act which is not operative but a mere declaration of intent."

    Keywords:

    cause of action; complaint; injury; lack of injury; no cause of action; receivability of the complaint; statement of intent;



  • Judgment 763


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

    Consideration 3

    Extract:

    "Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".

    Keywords:

    appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;



  • Judgment 762


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

    Consideration 3

    Extract:

    "According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    express decision; implied decision; internal remedies exhausted; provisional decision; receivability of the complaint; time limit;



  • Judgment 759


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

    Consideration 2

    Extract:

    "With one exception any decision by the EPO may be challenged before the Tribunal as is prescribed in its Statute. The exception is a decision that merely confirms or reproduces the original one and is not based on any further inquiry or any new grounds. But there will be confirmation only if the later decision is identical in substance to the original one."

    Keywords:

    confirmatory decision; definition; receivability of the complaint; same purpose;



  • Judgment 752


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

    Consideration 4

    Extract:

    "Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."

    Keywords:

    exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 738


    58th Session, 1986
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    At the end of a correspondence with the office of the Director-General, the complainant wrote that he would assume that no appeal lay against the Director-General's decision, unless the organisation informed him that this was not the case. The Tribunal holds that as the holder of a Ph.D. in law and head of finance and legal affairs, the complainant should know that the Director-General has no power to absolve an official from his obligation to exhaust the means of redress open to him.

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; internal remedies exhausted; receivability of the complaint;



  • Judgment 732


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "This complaint is not about execution as such but about the allegedly harmful consequences of the way in which the FAO executed Judgment 620. That is not a matter that is ordinarily connected with execution and it is therefore one that must go through the internal appeal procedure before it can come to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 297, 620

    Keywords:

    application for execution; complaint; consequence; execution of judgment; injury; internal remedies exhausted; judgment of the tribunal; new claim; receivability of the complaint;



  • Judgment 730


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."

    Keywords:

    administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;



  • Judgment 727


    58th Session, 1986
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."

    Keywords:

    complaint; effect; inquiry; investigation; municipal court; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 725


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

    Consideration 2

    Extract:

    The complainant impugns a decision of the President approving his performance report for 1980 and 1981. Because the complainant failed to exhaust the internal means of redress by awaiting the report of the Appeals Committee and the President's final decision before filing his complaint, the complaint is irreceivable.

    Keywords:

    absence of final decision; internal remedies exhausted; performance report; receivability of the complaint;

    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 724


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

    Consideration 2

    Extract:

    "According to Article VII(3) of the Statute of the Tribunal, an official may have recourse to the Tribunal where the administration fails to take a decision upon his claim within 60 days of its notification."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    failure to answer claim; implied decision; internal appeal; receivability of the complaint; time limit;



  • Judgment 723


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.

    Keywords:

    burden of proof; complaint; date of notification; decision; evidence; lack of evidence; receivability of the complaint; time bar;



  • Judgment 700


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Having been filed before the complainant had exhausted the internal remedies, the complaint is irreceivable. The case "is remitted to the President in order that he may reconsider his decision of 19 February 1985 in the light of Judgment 699 and he is ordered to communicate his reconsidered decision to the complainant within one month."

    Reference(s)

    ILOAT Judgment(s): 699

    Keywords:

    absence of final decision; case sent back to organisation; internal remedies exhausted; receivability of the complaint;



  • Judgment 698


    57th Session, 1985
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is immaterial that there was correspondence after the decision of 24 May. insofar as that correspondence related to the issues decided on 24 May it merely confirmed the decision and set off no new time limit for lodging an internal appeal."

    Keywords:

    complaint; confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 697


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal will hold the internal means of redress to have been exhausted if the complainant has pursued them with all diligence but without being able within a reasonable period of time to obtain a result. In this case, for the Tribunal to entertain the complaint, the complainant would have to satisfy it that there was no objective prospect of the internal process being concluded within a reasonable time. He has not done so.

    Keywords:

    failure to answer claim; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;



  • Judgment 694


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant took notice of a 'seniority list'. He objects to the level at which he was placed according to the document. The Tribunal dismisses the grievance on the grounds that the list does not constitute a decision and has no effect in law.

    Keywords:

    competence of tribunal; receivability of the complaint; seniority list;



  • Judgment 689


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant had been informed in November that his internal appeal had been provisionally rejected and referred to the Appeals Committee. The internal appeal reached the Appeals Committee in January. The Appeals Committee had not had time to render a decision by February, at which time the complaint was lodged. The complainant came before the Tribunal without having exhausted the internal means of redress. The complaint is dismissed.

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; provisional decision; receivability of the complaint;



  • Judgment 685


    57th Session, 1985
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant objects to the detriment to himself and his family caused by his assignment to Nepal. So the decision he impugns is the one informing him of his transfer, of which he got notice in March 1981. Since he waited until March 1983 to put his case to the Appeal Board the complaint is irreceivable.

    Keywords:

    consequence; internal appeal; receivability of the complaint; start of time limit; time bar; time limit; transfer;



  • Judgment 676


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.

    Keywords:

    case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;



  • Judgment 671


    56th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was the second signatory of bank checks for amounts in excess of actual expenditure. Criminal proceedings were introduced against the first signatory. A sum representing part of the compensation payable to the complainant was distraint. The complainant seeks payment of that amount. The Tribunal observes that appeal against the decision was not lodged within the time limit and that the decision can no longer be challenged. However, because the decision is a "measure of distraint", it remains open to the complainant to request a review on the basis of a change of the position in law or in fact.

    Keywords:

    deduction; measure of distraint; receivability of the complaint; time bar;

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Last updated: 18.05.2021 ^ top