Complaint (3, 4, 18, 19, 647, 20, 92, 675, 24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680, 45, 46, 47, 48, 49, 50, 51, 108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781, 109, 738, 769, 118, 662, 737, 739, 768, 770, 838, 877,-666)
You searched for:
Keywords: Complaint
Total judgments found: 302
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 | next >
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complainant filed his complaint within the time limit set in Article VII of the Statute of the Tribunal. The fact that the Registrar invited him to supplement his complaint in accordance with Article 7 of the Rules of Court has no bearing on the question of receivability. In any event the complaint was brought into conformity with the Rules within the one-month time limit set in Article 7."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE;
ARTICLE 7 OF THE RULES
Keywords:
complaint; correction of complaint; iloat statute; receivability of the complaint; time limit;
Judgment 452
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Only claims made to the internal appeals body and, when appropriate, implicit claims, satisfy the obligation to exhaust the internal means of resisting a decision. Claims first made directly to the Tribunal are not receivable.
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"This rule means, first, that the complaint to the Tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. There is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. Since the Tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."
Keywords:
application of law ex officio; complaint; internal appeal; internal remedies exhausted; new claim; new plea; receivability of the complaint;
Consideration 2(A)
Extract:
The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.
Keywords:
amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;
Judgment 432
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Tribunal holds the medical report to be the final decision. In it the reasons for the decision are stated in clear and unambiguous terms. The word "decision" occurs in the text. The complaint is time-barred and irreceivable.
Keywords:
complaint; date of notification; decision; medical opinion; receivability of the complaint; time bar; time limit;
Judgment 430
45th Session, 1980
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complaint was time-barred and thus irreceivable. The complainant's letter requesting an explanation for the non-confirmation of his appointment cannot be regarded as an application for further consideration on which the organisation should have acted. Consequently, the letter did not have the effect of setting a new time limit for filing a complaint with the Tribunal.
Keywords:
complaint; new time limit; receivability of the complaint; time bar; time limit;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The requirement that the internal means of redress should have been exhausted means that a complaint will be irreceivable if its scope is wider than that of the claims which were submitted to the internal appeal bodies. There is no need, however, for the pleas submitted to the Tribunal to have been put to those bodies. A complainant does not, merely by developing the case he put to the internal bodies, alter the scope of review by the Tribunal, which will apply the law proprio motu. The scope of review will alter only if the complainant submits new claims to the Tribunal."
Keywords:
complaint; internal remedies exhausted; new claim; new plea; receivability of the complaint;
Consideration 3
Extract:
"The right to impugn a decision subsumes the right to challenge the rule on which the decision is founded. But the Tribunal may not exercise as wide a power of review over the rule as over the decision taken under it."
Keywords:
competence of tribunal; complaint; decision; enforcement; judicial review; provision; staff regulations and rules;
Judgment 413
44th Session, 1980
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On 29 November 1978 the Director-General informed the complainant of his intention to renew his contract for one year, but that it could not be renewed for any longer. On 28 February 1979 the complainant asked on what grounds he had been dismissed. On 15 March the Director-General, in drawing a distinction between the expiry of a fixed-term contract and dismissal, declined to give the explanation asked for. "Thus [he] merely upheld the decision taken on 29 November [...] and so set no new time limit for filing a complaint." The complaint, dated 20 May 1979, is time-barred.
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 395
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The two decisions of 1974 at issue "were not impugned before the Tribunal within the time limit. They had therefore become final when the complainant challenged them in [...] 1978 and remained in full legal force as long as they were neither amended by the Director-General himself nor invalidated by special circumstances of time or of place."
Keywords:
complaint; decision; time bar; time limit;
Judgment 390
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The letter was delivered by hand at the complainant's residence, and the complainant does not deny that the letter was accepted at his residence nor offer any explanation as to what could thereafter have happened to it. "The complainant admittedly received this letter; he did not reply to it denying receipt of the memorandum. In these circumstances the Tribunal finds that the complainant was notified of the decision on 13 January and that consequently the complaint was not filed in time."
Keywords:
complaint; date of notification; decision; evidence; time bar; time limit;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[T]he purpose of the complaint is not to have an international agreement revoked but to secure privileges and, subsidiarily, the payment of financial advantages. It is quite clearly brought against the EPO itself, and not any particular State. It cannot therefore be treated as irreceivable on the grounds that the EPO is not the true defendant."
Keywords:
complaint; international instrument; receivability of the complaint;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"What the complainants are really seeking is not the revocation of an international agreement but payment of financial benefits by [the organisation]. They have acted correctly in filing their complaints against the [organisation] itself, not against any one state. Hence the plea that the complaints are irreceivable because the [organisation] is not the true defendant must fail."
Keywords:
complaint; international instrument; receivability of the complaint;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Since [the interveners themselves] failed to file a complaint in time [...] they may neither put forward pleas nor lodge claims which differ from those of the complainants. It is therefore necessary to consider only the content of the complaint, and the applications to intervene will fare in the same way as do the complaints."
Keywords:
claim; complaint; identical claims; intervention;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 366, consideration 1.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
claim; complaint; identical claims; intervention;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."
Keywords:
claim; complaint; internal appeal; new claim; purpose; receivability of the complaint;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant appealed to the Director-General within the time limit for disputed claims. The Director-General dismissed her appeal by a letter which was not merely confirmatory. The complaint impugning that decision was filed within the time limit and is therefore receivable.
Keywords:
complaint; confirmatory decision; internal appeal; receivability of the complaint; start of time limit; time limit;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
A complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the Tribunal is therefore receivable. An organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "In ruling on such contentions the Tribunal does not [...] admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."
Keywords:
complaint; consequence; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"Every time the organization commits a breach of an obligation, it necessarily decides to commit that breach. No matter how often a similar breach is repeated, it is not the same breach nor the same decision, and it gives rise to a fresh cause for complaint. [I]f an organisation is in continuing breach a complaint alleging the breach may be made at any time [...]."
Keywords:
complaint; continuing breach; organisation's duties; receivability of the complaint;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Insofar as these new claims [presented in a supplementary brief] go beyond those contained in the complaint they are irreceivable."
Keywords:
complaint; new claim; receivability of the complaint;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The [organisation] asks the Tribunal to strike from the complainant's original memorandum a passage which it regards as libellous and irrelevant and in which the complainant alleges that one of her supervisors showed her unwanted attentions. [...] There are no grounds for striking out the complainant's allegations. Since they have a bearing on her work, they are in principle admissible. The fact that they are not proved does not mean that they may be treated as wittingly false."
Keywords:
application for quashing; appraisal of evidence; complaint; elements; organisation;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The ninety-day time limit expired on 9 May; but since this day was a sunday, the complaint registered by the Registry on 10 May was receivable.
Keywords:
complaint; exception; public holiday; receivability of the complaint; time limit;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 | next >
|
