Direct appeal to Tribunal (85, 25, 779, 780,-666)

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Keywords: Direct appeal to Tribunal
Total judgments found: 145

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• Judgment 2039

  
  90th Session, 2001
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Precedent says that the requirement to exhaust the internal remedies cannot have the effect of paralysing the exercise of the complainants' rights. Complainants may therefore go straight to the Tribunal where the competent bodies are not able to decide on an issue within a reasonable time, depending on the circumstances (see Judgments 1829, [...], 1968, [...], and the numerous judgments cited therein). However, a complainant can make use of this possibility only where he has done his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a decision within a reasonable time (see, for example, Judgments 1674, [...] under 6(b), and 1970 [...]). In general, a request for information on the status of the proceedings or the date on which a decision may be expected is enough to demonstrate that the appellant wants the procedure to follow its normal course, and gives grounds for alleging unjustified delay if the authority has not acted with the necessary diligence. However, there are circumstances in which it is unclear whether the procedure has been abandoned or whether the staff member has implicitly consented to the suspension of his appeal in law or in fact. In such cases, the case law says that the staff member must indicate clearly if he wants the procedure to continue. For example, the Tribunal found in one case that a staff member had not met this requirement because an internal appeal he had filed was not referred to the internal appeals body of the organisation, the administration having taken steps to reach an agreed settlement to the dispute. As the staff member had not sought the continuation or renewal of the procedure, it was found that he had not pursued his appeal "diligently" and so did not qualify to file a complaint directly with The tribunal (see Judgment 1970). Similarly, in a case in which the internal appeal had been followed by negotiations in order to reach a settlement, it was found that the staff member was not justified in turning to the Tribunal without first indicating either that the procedure should follow its course in parallel with the negotiations or that it should be taken up again without further ado, and then waiting a reasonable time to see what happened (see Judgment 1674 under 6(b))."

  Reference(s)

  ILOAT Judgment(s): 1674, 1829, 1968, 1970
  

  Keywords:

  administrative delay; case law; delay; direct appeal to tribunal; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; staff member's duties; time limit;
  

  
  
  

• Judgment 2031

  
  90th Session, 2001
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "A delay in the internal appeal process could never allow a complainant to succeed on the merits; at most it might entitle him or her to appeal directly to the Tribunal."

  Keywords:

  administrative delay; delay; direct appeal to tribunal; internal appeal;
  

  
  
  

• Judgment 1978

  
  89th Session, 2000
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The case law has it that the exhaustion of all internal remedies is not necessary before filing an application for execution. However, the possibility of direct recourse to the Tribunal does not exclude first lodging an internal appeal (see Judgment 1887, [...] under 5, and the case law cited therein)."

  Reference(s)

  ILOAT Judgment(s): 1887
  

  Keywords:

  application for execution; case law; direct appeal to tribunal; internal appeal; internal remedies exhausted;
  

  
  
  

• Judgment 1970

  
  89th Session, 2000
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "A complainant cannot sit back and do nothing when an appeal is lodged. He must pursue the appeal diligently. Only then can he claim that delay is unreasonable. In the present case, the complainant failed to exhaust the means of internal appeal because he did not pursue his appeal diligently; therefore, he does not qualify to bring a direct appeal to the Tribunal."

  Keywords:

  absence of final decision; complaint; delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; staff member's duties; time limit;
  

  
  
  

• Judgment 1946

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Consistent precedent has it that only in exceptional circumstances may the requirement to exhaust the internal remedies be set aside, and only in cases where on the evidence the organization seems unlikely to reach a decision within a reasonable time."

  Keywords:

  administrative delay; direct appeal to tribunal; exception; internal remedies exhausted; reasonable time; time limit;
  

  
  
  

• Judgment 1887

  
  87th Session, 1999
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  Application for the execution of a previous judgment.
  "The Tribunal's case law has it that exhausting all internal remedies is not in fact necessary in cases which involve determining whether the authority responsible for executing a judgment has respected its terms. It is however in principle essential when a case is sent back to that authority to resume or continue the procedure and when the judgment leaves it a degree of discretion. However, with a view to avoiding a sheer pedantic approach, the Tribunal will waive the requirement for exhaustion of internal remedies where no legal purpose is served, for example where the case is fit to be judged and the parties have submitted their pleas (see Judgment 1771 [...] and the case law cited therein)."

  Reference(s)

  ILOAT Judgment(s): 1771
  

  Keywords:

  application for execution; case law; cause; direct appeal to tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal;
  

  
  
  

• Judgment 1660

  
  83rd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."

  Keywords:

  complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
  

  
  
  

• Judgment 1659

  
  83rd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  EFTA pleads that the complainants "ought to have inferred rejection after sixty days [after lodging their internal appeals]. They then had ninety days under Article VII(2) of the Tribunal's Statute in which to file complaints." It argues that since the complaints were filed "over 150 days after the notification of their appeals to the Board, they were out of time. The plea [...] fails. although there was no report from the Board within the sixty days, the reason was that it had never been set up. Actually it never was. [...] The time limit of ninety days began only [on] the date at which they received the Secretary-General's letters [...] telling them that the Board could not be set up and they were free under Regulation 41(b) to appeal to the Tribunal. The complaints are therefore not out of time."

  Reference(s)

  ILOAT reference: ARTICLE VII (2) OF THE STATUTE
  Organization rules reference: ARTICLE 41(B) OF EFTA STAFF REGULATIONS
  
  

  Keywords:

  complaint; direct appeal to tribunal; iloat statute; implied decision; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; start of time limit;
  

  
  
  

• Judgment 1613

  
  82nd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."

  Reference(s)

  Organization rules reference: EFTA STAFF REGULATION 40
  
  

  Keywords:

  acceptance; complaint; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
  

  
  
  

• Judgment 1541

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

  Consideration 6

  Extract:

  "Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."

  Keywords:

  complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure before the tribunal; right of appeal;
  

  
  
  

• Judgment 1534

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The FAO submits that his complaint is irreceivable because he has failed to exhaust his internal remedies. Though he filed before he got the final decision [...] the Committee took a whole year to come up with a three-page report and the Director-General another five months to let the complainant have a decision. Such delays are exorbitant and unpardonable. Under the circumstances the complainant was entitled to come straight to the Tribunal without waiting any longer for a reply from the Director-General. The objections to receivability fail."

  Keywords:

  administrative delay; complaint; date of notification; delay; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
  

  
  
  

• Judgment 1526

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  Organization rules reference: WHO STAFF RULE 1240.2
  
  

  Keywords:

  complaint; direct appeal to tribunal; exception; executive head; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1491

  
  80th Session, 1996
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The Director-General granted the complainants leave not to appeal to the Joint Advisory Appeals Board and they have come straight to the Tribunal. Their complaints are therefore receivable."

  Keywords:

  acceptance; complaint; condition; direct appeal to tribunal; executive head; receivability of the complaint;
  

  
  
  

• Judgment 1452

  
  79th Session, 1995
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The complainant has come to the Tribunal without waiting for the completion of the internal appeal procedure and for the final decision by the Director-General that will result therefrom. He has therefore failed to exhaust the means of internal appeal and there is no final decision yet for him to impugn. Article VII(3) does not apply."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  absence of final decision; cause of action; complaint; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 1433

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

  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 1344

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

  Consideration 11

  Extract:

  "It is true that Article VII(1) of the Statute provides that a complaint will not be receivable unless the complainant has exhausted such other means of resisting the decision as are open to him under the applicable Staff Regulations. But it is plain from the case law that the Tribunal construes that article to mean that when a complainant has done all that is required of him to get a final decision, yet the proceedings appear unlikely to be concluded within a reasonable time, he may appeal directly to the Tribunal".

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  ILOAT Judgment(s): 451, 499
  

  Keywords:

  absence of final decision; administrative delay; case law; complaint; direct appeal to tribunal; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1221

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

  Consideration 3

  Extract:

  "It is plain on the evidence that the bureau of personnel told the complainant that the Director-General would be willing to waive the Appeals Board's jurisdiction [under UNESCO Staff Rule 111.2(b)] if she so wished, that she expressly agreed to the suggestion, and that she formally sought and was granted waiver by the Director-General." So the complainant appealed directly to the Tribunal "in full freedom".

  Reference(s)

  Organization rules reference: UNESCO STAFF RULE 111.2(B)
  
  

  Keywords:

  complainant; complaint; direct appeal to tribunal; internal remedies exhausted; lack of consent; receivability of the complaint;
  

  
  
  

• Judgment 1001

  
  68th Session, 1990
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The parties agreed to dispense with prior referral to the Joint Appeals Board and to put the dispute directly to the Tribunal, as Rule 112.03 of UNIDO's Staff Rules allows." Because of that provision in the Organization's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES
  
  

  Keywords:

  acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1000

  
  68th Session, 1990
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The parties agreed to dispense with prior referral to the Joint Appeals Committee and to put the dispute directly to the Tribunal, as Rule 12.02.1(b) of the Agency's Provisional Staff Rules allows." Because of that provision in the Agency's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES
  
  

  Keywords:

  acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 873

  
  63rd Session, 1987
  Intergovernmental Council of Copper Exporting Countries
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
  
  

  Keywords:

  decision; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision; receivability of the complaint;
  

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