Costs (121, 122, 123, 690, 871,-666)

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Keywords: Costs
Total judgments found: 110

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• Judgment 3718

  
  123rd Session, 2017
  Technical Centre for Agricultural and Rural Cooperation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The CTA seeks the review of Judgment 3436.

  Consideration 8

  Extract:

  [T]he complainant, who has been obliged to take part in these proceedings in order to protect her interests vis-à-vis the Centre, is entitled to costs [...].

  Keywords:

  application for review; costs;
  

  
  
  

• Judgment 3672

  
  122nd Session, 2016
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to confirm his appointment at the end of his extended trial period.

  Consideration 6

  Extract:

  The UPU has made a counterclaim for costs. Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, for example, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional situations. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of that kind. In the present case, the complaint cannot be regarded as manifestly vexatious, even though it was irreceivable because internal remedies had not been exhausted (see Judgment 3506, under 4).

  Reference(s)

  ILOAT Judgment(s): 1884, 1962, 2211, 3043, 3506
  

  Keywords:

  costs; counterclaim;
  

  
  
  

• Judgment 3620

  
  121st Session, 2016
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to retroactively implement the transitional measure accompanying the replacement of the former invalidity pension with an invalidity allowance.

  Consideration 4

  Extract:

  "The EPO seeks a costs order against the complainant on the basis that she continued to pursue her complaint after Judgment 3291 was drawn to her attention in correspondence from the EPO’s lawyers in May 2014. The Tribunal concludes that such an order should not be made in the circumstances of the case, particularly where the complainant had commenced proceedings (on 8 July 2013) before the relevant decision had been published (5 February 2014)."

  Reference(s)

  ILOAT Judgment(s): 3291
  

  Keywords:

  costs; counterclaim;
  

  
  
  

• Judgment 3561

  
  121st Session, 2016
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.

  Consideration 11

  Extract:

  "The dismissal of the complainant’s various claims [...] necessarily leads to the dismissal of his claim for costs for these proceedings."

  Keywords:

  costs;
  

  
  
  

• Judgment 3411

  
  119th Session, 2015
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.

  Consideration 10

  Extract:

  "Of the initial ten applications to intervene, six have been withdrawn. As the remaining four interveners are in a similar legal situation to that of the complainants, they must be granted the benefit of the rights recognised by this judgment (see Judgment 2985, under 28). The interveners are legally represented and they are entitled to costs."

  Reference(s)

  ILOAT Judgment(s): 2985
  

  Keywords:

  costs; costs awarded; intervention;
  

  
  
  

• Judgment 3265

  
  116th Session, 2014
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant having been allowed to contribute again at the full rate to the pension scheme, the Tribunal need not rule on his complaint seeking the cancellation of the decision to lower the contribution rate.

  Consideration 11

  Extract:

  "The Tribunal notes that the complainant, who was obliged to initiate judicial proceedings in order to obtain the cancellation of a decision which the Agency thereafter admitted was unlawful, may at all events legitimately claim an award of costs. As far as determining their amount is concerned, it must, however, be observed, on the one hand, that the proceedings in question were considerably simplified through the rapid withdrawal of the impugned decision and, on the other, that the submission of applications to intervene does not, in itself, give rise to entitlement to an award of costs. In these circumstances, the Tribunal considers it fair to award the complainant 3,000 euros in costs [...]."

  Keywords:

  costs; procedure before the tribunal;
  

  Judgment keywords

  Keywords:

  amount; costs;
  

  
  
  

• Judgment 3196

  
  115th Session, 2013
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the implicit rejection of her request for disclosure of a medical report.

  Consideration 7

  Extract:

  "Although the complaint must be dismissed, the Tribunal will not entertain the Organization’s counterclaim to sanction the complainant for abuse of process. Indeed, whilst her unsubstantiated allegations of fraudulent manipulation and misrepresentation are inappropriate, they do not prove bad faith in and of themselves, and as such do not constitute an exceptional circumstance meriting the imposition of costs on the complainant (see Judgment 1962, under 4)."

  Reference(s)

  ILOAT Judgment(s): 1962
  

  Keywords:

  condition; costs; counterclaim; exception; vexatious complaint;
  

  
  
  

• Judgment 3135

  
  113th Session, 2012
  Technical Centre for Agricultural and Rural Cooperation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 29

  Extract:

  The CTA has asked that the complainant should be ordered to pay its costs on the basis that “the complaint is unfounded”. Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, inter alia, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional circumstances. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive or chilling effect of possible adverse awards of that kind. In the instant case, although the complaint must be dismissed, it should not be regarded as vexatious. The Centre’s counterclaims will therefore be dismissed.

  Reference(s)

  ILOAT Judgment(s): 1884, 1962, 2211, 3043
  

  Keywords:

  costs; counterclaim; vexatious complaint;
  

  
  
  

• Judgment 3131

  
  113th Session, 2012
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  Although the other claims submitted in the complaint, which are largely redundant, are not upheld, the Tribunal considers that in the unusual circumstances of this case the complainant is entitled to costs. Given that her employment was terminated unlawfully, she was justified in seeking from the Tribunal some mitigation of the pecuniary consequences of this decision. Whatever the outcome may have been if the Tribunal had had cause to consider the totality of her arguments, to the extent that they cannot be regarded as blatantly vexatious, equity requires that, exceptionally, the complainant should be compensated for part of the costs of the present proceedings, by awarding her the amount of 1,000 Swiss francs.

  Keywords:

  costs;
  

  
  
  

• Judgment 3109

  
  113th Session, 2012
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  application filed by the organisation; application for interpretation; complaint dismissed; costs;
  

  
  
  

• Judgment 3054

  
  112th Session, 2012
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The Tribunal recalls that it has the inherent power to impose costs on a complainant (see Judgment 1962, under 4) [...]."

  Reference(s)

  ILOAT Judgment(s): 1962
  

  Keywords:

  costs; inherent power;
  

  
  
  

• Judgment 2862

  
  108th Session, 2010
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3 and 7

  Extract:

  The critical issue raised by this complaint is whether the complainant was entitled to reimbursement of income tax levied in Canada on the salary and allowances received by her from the Organization.
  "It is not in dispute that the complainant was informed before she accepted the offer of appointment that she was not entitled to reimbursement of income tax paid in Canada. She claims that the information given to her at that time was false and that at all relevant times the Staff Regulations and Rules provided for reimbursement [...]. In support of her claim she provides a version of Annex A to the Staff Regulations and Rules [...]. IOM produces another version [of the said Annex]."
  "IOM seeks an order for costs against the complainant. Given that initial correspondence with the complainant suggested that income tax would be reimbursed, and given also the confusion relating to the precise terms of Annex A, including that the complainant was provided with a hard copy of the annex in its unamended form, this is not an appropriate case in which to award costs against the complainant."

  Keywords:

  costs; organisation's duties; payment; refund; staff regulations and rules; tax;
  

  
  
  

• Judgment 2853

  
  107th Session, 2009
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6-8

  Extract:

  The difference as to the complainant's performance rating was not resolved in internal grievance proceedings and the complainant filed an internal appeal. Having received no response, the complainant sent an e-mail to the Registry of the Tribunal, stating that he wished to file a complaint.
  "It is fundamental that a litigant cannot pursue the same claim before different adjudicative bodies at the same time. Normally, the litigant will be forced to elect the forum in which he or she intends to proceed. That did not happen in the present case. Nonetheless, the complainant pursued his internal appeal to finality and, thus, must be taken to have elected to pursue internal remedies rather than to proceed at that stage before the Tribunal on the basis of an implied rejection of his internal appeal. However, that does not mean that the complaint is irreceivable."
  "[When] the complainant [decided] to pursue internal remedies [...], [his] complaint had already been filed and it was receivable pursuant to Article VII, paragraph 3, of the Statute. Moreover, he then had a cause of action, as his claim was not satisfied until 13 December 2007."
  "Even though the complaint became without object on 13 December 2007, it was receivable when filed and the complainant then had a cause of action. Accordingly, he is entitled, in these circumstances, to the costs associated with its filing, even though not requested in the complaint. However, he is not entitled to costs in respect of subsequent pleadings which were filed after his decision to pursue his internal appeal. There will be an award of costs in the amount of 500 Swiss francs, but the complaint must otherwise be dismissed."

  Keywords:

  absence of final decision; costs; direct appeal to tribunal; duplication of proceedings; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 2819

  
  107th Session, 2009
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "Although the complainant's dignity has been seriously injured, and consistently injured over a period of three and a half years, he has suffered no financial loss and his claims for compensation and for moral damages are excessive. [...] The complainant will be adequately compensated by an award of moral damages in the amount of 25,000 euros. There will be an award of costs of these proceedings and the internal appeal proceedings in the amount of 5,000 euros."

  Keywords:

  amount; complainant; costs; injury; lack of injury; material injury; respect for dignity;
  

  
  
  

• Judgment 2485

  
  100th Session, 2006
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  [A]lthough much of the work involved in relation to this complaint has been undertaken by the ILO Staff Union, there should be an award of costs in the sum of 5,000 francs.

  Keywords:

  costs; staff representative;
  

  
  
  

• Judgment 2418

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "Although the EPO has disputed the complainants' claim for costs of these proceedings on the basis that their counsel is a full-time EPO staff member, it is appropriate to award each complainant 1,000 euros to cover their out of pocket expenses, time and trouble."

  Keywords:

  claim; condition; costs; counsel; receivability of the complaint;
  

  
  
  

• Judgment 2394

  
  98th Session, 2005
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Since he partially succeeds, the complainant is entitled to costs, which he may claim directly before the Tribunal, contrary to the defendant's plea".

  Keywords:

  claim; complainant; costs; exception; internal remedies exhausted; receivability of the complaint; right;
  

  
  
  

• Judgment 2278

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The complainant here is unrepresented. While the employment of a legally trained advisor is not a requirement and is no guarantee that a case will be well presented, the complainant's written pleadings are repetitive and contain largely unhelpful personal attacks on the member of the legal department who wrote the [Organisation]'s pleadings. They also contain unfounded and insulting comments about the EPO to which the latter properly objects. The Tribunal will limit the award of costs to 300 euros."

  Keywords:

  complaint; costs; counsel; rejoinder; reply;
  

  
  
  

• Judgment 2211

  
  94th Session, 2003
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  Having made reference to what it declared in Judgment 1884, under 8 and 9, the Tribunal states: "The Tribunal will not, of course, impose costs penalties in every case in which a persistent litigant [...] loses, for some disputes will no doubt be at least arguable. But where, as in the present case, a complainant has actually had success before the Tribunal [...] and nonetheless refuses to accept the limitations which such success imposes, that complainant may expect to have cost consequences. Because this is the first time the Tribunal has had to act against the present complainant, the costs awarded to the organisation will be relatively nominal, but that will not necessarily be the case in the future. The Tribunal will order the complainant to pay the [organisation] the sum of 100 euros in costs. The [organisation] may recover the award by withholding it from any amounts due to the complainant now or in the future."

  Reference(s)

  ILOAT Judgment(s): 1884
  

  Keywords:

  case law; complaint; costs; counterclaim; res judicata; vexatious complaint;
  

  
  
  

• Judgment 2073

  
  91st Session, 2001
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."

  Keywords:

  administrative delay; amount; breach; complainant; costs; damages; injury; lack of evidence; organisation's duties; supervisor; written rule;
  

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