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Costs for internal appeal procedure (871,-666)

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Keywords: Costs for internal appeal procedure
Total judgments found: 10

  • Judgment 4425


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.

    Consideration 11

    Extract:

    Regarding the complainant’s claim for costs arising from the internal appeal process, Article 8(9) of the Implementing Rules for Articles 106 to 113 of the Service Regulations (in force at the material time) provided that any costs incurred by an appellant in the course of the internal appeal proceedings shall be borne by the appellant, unless the competent appointing authority decided otherwise. The Tribunal has determined that such costs may only be awarded under exceptional circumstances (see, for example, Judgments 4157, consideration 14, 4217, consideration 12, and 4392, consideration 13), which do not exist in the present case.

    Reference(s)

    ILOAT Judgment(s): 4157, 4217, 4392

    Keywords:

    costs for internal appeal procedure;



  • Judgment 4422


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.

    Consideration 20

    Extract:

    Under Article 7(9) of the Implementing Rules for Articles 106 to 113 of the Service Regulations, costs incurred in the internal appeal proceedings “shall be borne by [the appellant], unless the competent appointing authority decides otherwise”. The Tribunal determined that such costs may only be awarded under exceptional circumstances (see Judgments 4157, consideration 14, and 4217, consideration 12), which do not exist in the present cases.

    Reference(s)

    ILOAT Judgment(s): 4157, 4217

    Keywords:

    costs for internal appeal procedure;



  • Judgment 4399


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to transfer him from a manager position to a non-managerial post.

    Consideration 13

    Extract:

    [The complainant's] claim for costs in the internal appeal proceedings will be rejected as there are no exceptional circumstances to justify such an award (see Judgment 4217, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4217

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;



  • Judgment 4392


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.

    Consideration 13

    Extract:

    The Tribunal determined that […] costs [for the internal appeal proceedings] may only be awarded under exceptional circumstances (see, for example, Judgments 4157, consideration 13, and 4217, consideration 12), which do not exist in the present case.

    Reference(s)

    ILOAT Judgment(s): 4157, 4217

    Keywords:

    costs for internal appeal procedure;



  • Judgment 4389


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reimburse in full the costs he incurred in the internal appeal proceedings.

    Judgment keywords

    Keywords:

    complaint dismissed; costs for internal appeal procedure;



  • Judgment 4373


    131st Session, 2021
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to issue a written censure against him for breaches of his obligation to protect OPCW confidential information.

    Consideration 14

    Extract:

    [T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

    Keywords:

    costs for internal appeal procedure;



  • Judgment 4369


    131st Session, 2021
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment.

    Consideration 22

    Extract:

    [T]here are no grounds for awarding [...] costs for the internal appeal proceedings.Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, in particular, Judgments 4156, consideration 9, or 4217, consideration 12). Such circumstances are not evident in this case.

    Reference(s)

    ILOAT Judgment(s): 4156, 4217

    Keywords:

    costs for internal appeal procedure;



  • Judgment 4368


    131st Session, 2021
    International Olive Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the cancellation of a competition procedure in which she participated.

    Consideration 18

    Extract:

    [T]here are no grounds for awarding [...] costs for the internal appeal proceedings. Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, in particular, Judgments 4156, consideration 9, or 4217, consideration 12). Such circumstances are not evident in this case.

    Reference(s)

    ILOAT Judgment(s): 4156, 4217

    Keywords:

    costs for internal appeal procedure;



  • Judgment 4220


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the rejection of their requests for an agreed separation.

    Consideration 15

    Extract:

    [T]he requests for costs for the internal appeals are unfounded. There is no provision which allows for an award of legal costs for the internal appeal proceedings and there are no exceptional circumstances in these cases which could justify such an award.

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;



  • Judgment 4217


    129th Session, 2020
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to provide her with the record of the investigation that ensued after she filed a harassment complaint against her supervisor, and the fact that she received no compensation for the moral harassment that she claims to have suffered.

    Consideration 12

    Extract:

    [T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings. Such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;


 
Last updated: 23.09.2021 ^ top