Costs (121, 122, 123, 690, 871,-666)
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Keywords: Costs
Total judgments found: 110
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Judgment 2065
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"In this application the complainant is challenging the decision of 31 August 2000 [...] However, the President's new decision of 11 April 2001 [...] has deprived the application of a cause of action. Since he claims costs, it must be determined whether the complainant did have a cause of action at the time of filing this application on 11 October 2000."
Keywords:
application for execution; cause of action; claim; costs; date; decision; executive head; no cause of action; receivability of the complaint;
Judgment 1962
89th Session, 2000
European Patent Organisation
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. But it specifies that it will only exercise this power in exceptional circumstances. "In the present case, it is clear that a full withdrawal of suit would have been desirable once Judgment 1864 had upheld the rules [at issue]. However, neither the fact that the complainant filed his complaint later than his colleagues, nor his failure to reply to the invitation made by the legal services to withdraw suit in the week following [...] can be considered as constituting abuse. The Tribunal finds that in the circumstances, this is not one of the exceptional cases in which it could penalise the filing or maintenance of a complaint as being abusive. It therefore dismisses the EPO's counterclaims."
Reference(s)
ILOAT Judgment(s): 1864
Keywords:
condition; costs; counterclaim; exception; vexatious complaint; withdrawal of suit;
Judgment 1932
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[T]he Tribunal would emphasise that it will not tolerate the waste of time and money caused by the pursuit of abusive and unnecessary procedures before it and will take towards those responsible any appropriate action, including awards of costs, if requested to do so."
Keywords:
complaint; costs; counterclaim; vexatious complaint;
Judgment 1884
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
"The Tribunal has never heretofore imposed a costs penalty upon a complainant. However, it asserts unequivocally that it possesses the inherent power to do so as part of the necessary power to control its own process. Clearly, such power must be exercised with the greatest care and only in the most exceptional situations since 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 costs. [T]he Tribunal [...] declares that in future it will award costs against complainants in appropriate cases if they are sought."
Keywords:
complaint; costs; counterclaim; vexatious complaint;
Judgment 1847
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."
Keywords:
case pending; costs; good faith; no award of costs; settlement out of court; vexatious complaint;
Judgment 1788
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Having won satisfaction only after filing suit, the complainant is entitled to costs in the amount he claims: 5,000 Swiss francs."
Keywords:
costs; late decision; tribunal; withdrawal of decision;
Judgment 1601
82nd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Since the reversal of the disputed measures came only after the filing of the complaints and the complainants were therefore put to needless expense, their claim to costs succeeds. Eurocontrol's counterclaim to an award of costs against the complainants is dismissed."
Keywords:
complaint; costs; counterclaim; date; withdrawal of decision;
Judgment 1532
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Claim 8 is to costs. Again the Tribunal reminds [the complainant], in view of the intemperate language of his submissions, that he owes a duty of respect to the Organization and to its staff. Because he has failed in that duty the Tribunal disallows his claim to costs, even though one of his claims succeeds."
Keywords:
claim; complaint; conduct; costs; freedom of speech; limits; no award of costs; organisation's reputation; staff member's duties;
Judgment 1523
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Although the Tribunal will make no award of damages for the delay in sending the case back, the complainant is entitled to costs because he had to come to the Tribunal to apply for execution."
Keywords:
application for execution; costs; judgment of the tribunal;
Judgment 1394
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Since the complaint succeeds in part and the reason why the Tribunal is declining to rule on the impugned decision is that it has been withdrawn, the complainant is entitled to costs.
Keywords:
amount; costs; decision; withdrawal of decision;
Judgment 1319
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."
Keywords:
administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
Judgment 1314
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1295
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 262, consideration 5.
Reference(s)
ILOAT Judgment(s): 262
Keywords:
amount; costs; elements;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
"The Tribunal will not entertain the organisation's counterclaim to an award of costs against the complainant for abuse of process."
Keywords:
costs; counterclaim; refusal; tribunal; vexatious complaint;
Judgment 1126
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant originally claimed 5001 French francs which she said were mistakenly deducted from her termination indemnity. The Organization having acknowledged its mistake, it paid her the disputed amount after she had filed her complaint. Under the circumstances the Tribunal need not entertain the claim. However, she is entitled to an award of costs.
Keywords:
case pending; costs; no cause of action; settlement out of court;
Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Even though [the] complaint is dismissed, "the Tribunal will not entertain CERN's counter-claim to an award of costs against [the complainant]."
Keywords:
costs; counterclaim; refusal; tribunal;
Judgment 1101
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
The complainants are challenging a general decision. They "cannot yet show any cause of action and their complaints must fail because they are irreceivable. [...] Since, however, before altering its stand the organisation directly encouraged them to file the present complaints, it is only reasonable that it should bear the costs".
Keywords:
cause of action; costs; exception; general decision; receivability of the complaint;
Judgment 1100
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
case law; costs; counterclaim; iloat; refusal; tribunal; vexatious complaint;
Judgment 1058
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"The basis for the complaint being the staff report for 1984 and that report having been withdrawn, there is no need to rule on the claims filed by the complainant, who has obtained satisfaction. The Tribunal will nevertheless make an award of costs because at the time of filing the complaint was warranted."
Keywords:
case pending; cause of action; complaint; costs; exception; settlement out of court;
Judgment 1056
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will not entertain the Organization's counter-claim to an award of costs against the complainant of abuse of process."
Keywords:
costs; counterclaim; refusal; tribunal; vexatious complaint;
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