Judgment No. 259
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
The decision in question, which merely upheld an earlier decision, could "not give rise to new time limits for the lodging of an appeal by the complainant."
Keywords
decision; confirmatory decision; receivability of the complaint; internal appeal; time limit; new time limit; time bar
Considerations
Extract:
Under the applicable provision, the complainant had a period of six weeks in which to appeal against the decision which he regarded as detrimental. "No appeal having been lodged within that period, the decision had [...] become final [...] when the complainant asked for review of his case. The Secretary-General and subsequently the Appeal Board therefore acted lawfully in dismissing the request on that ground." No exceptional circumstances warranted a derogation from the prescribed time limits.
Keywords
decision; receivability of the complaint; internal appeal; time limit; mandatory time limit; time bar
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