Application for execution (5,-666)
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Keywords: Application for execution
Total judgments found: 108
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Judgment 3637
122nd Session, 2016
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a second application for execution of Judgment 2551.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2551
Keywords:
application for execution; case sent back to organisation; complaint allowed;
Judgment 3636
122nd Session, 2016
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for execution of Judgment 3282.
Consideration 3
Extract:
The Tribunal did not order the complainant’s reinstatement in Judgment 3282, nor did it order ESO to grant him a “notional reinstatement”, i.e. to pay the amounts the complainant would have earned if he had had his contract renewed. As the Tribunal did not order his reinstatement, his contract expired on 31 December 2011. As noted above, the Tribunal limited the award of compensation to “material damages in the amount equivalent to two years’ salary, including all benefits, entitlements and emoluments plus interest at a rate of 5 per cent per annum, less any amounts he has earned in that period”. Had it been its intent, the Tribunal would have specifically awarded payment of the amount equivalent to the contributions for the complainant’s pension and Health Insurance and Long Term Care Schemes. See, for example, Judgment 2621, consideration 5[.] Moreover, considering that access to the CERN Pension Fund requires a staff member to have a valid contract of employment, and that as of 1 January 2012 the complainant no longer had that status, it follows that he was not entitled to any contributions to the Pension Fund after the end of his contract on 31 December 2011.
Reference(s)
ILOAT Judgment(s): 2621, 3282
Keywords:
application for execution; material damages;
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3282
Keywords:
application for execution; complaint allowed;
Judgment 3635
122nd Session, 2016
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants have filed applications for execution of Judgment 3238.
Consideration 6
Extract:
It is clear from the wording of that consideration [...] that the sums equivalent to the various social contributions listed therein were to be paid directly to the complainants, and not to the institutions which normally receive such contributions. Indeed, this is the approach usually taken by the Tribunal where, as in the present case, staff members whose dismissal has been set aside are not reinstated in the employer organisation, because the social contributions that are due to such institutions by virtue of an employment relationship are devoid of any basis once this relationship ends.
Keywords:
application for execution; material damages; social benefits;
Consideration 12
Extract:
International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require and, in particular, should the Tribunal order payment of a sum of money, to effect this payment without delay (see, inter alia, Judgment 82, under 5, the aforementioned Judgment 3152, under 11, and Judgment 3566, under 17). It would be a serious breach of the CDE’s obligations if the execution of such an order were rendered contingent on the availability of the requisite budgetary appropriations, should no due provision have been made for them beforehand, or on the Executive Board’s approval, with the inevitable corollary that, should these conditions not be met, CDE would consider itself released from this obligation, or authorised simply to delay the performance thereof until such time as they were met.
Reference(s)
ILOAT Judgment(s): 82, 3152, 3566
Keywords:
application for execution;
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3238
Keywords:
application for execution; case sent back to organisation; complaint allowed; joinder;
Consideration 4
Extract:
The Tribunal recalls that its judgments, which according to Article VI of its Statute are “final and without appeal” and which also carry res judicata authority, are immediately operative (see, for example, Judgments 3003, under 12, and 3152, under 11). As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. They may form the subject of an application for interpretation by the Tribunal only if a party considers that the decision is deficient or insufficiently clear (see, for example, Judgments 1887, under 8, and 3394, under 9).
Reference(s)
ILOAT Judgment(s): 1887, 3003, 3152, 3394
Keywords:
application for execution; application for interpretation;
Judgment 3567
121st Session, 2016
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 3208.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3208
Keywords:
application for execution; complaint allowed;
Judgment 3566
121st Session, 2016
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 3239.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3239
Keywords:
application for execution; case sent back to organisation; complaint allowed;
Judgment 3565
121st Session, 2016
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 3162.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3162
Keywords:
application for execution; complaint allowed;
Judgment 3395
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that the complainant was entitled to compensation for the EPO's failure to comply with the Tribunal's order.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2919
Keywords:
application for execution; complaint allowed; consultation;
Judgment 3394
119th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3119
Keywords:
application for execution; case sent back to organisation; complaint allowed; execution of judgment; organisation's duties; res judicata;
Consideration 10
Extract:
The Tribunal considers that WIPO, by taking it upon itself to interpret Judgment 3119 and by deciding of its own initiative to pay the complainant only two thirds of the sums due under point 2 of the decision, breached its duty to execute that judgment fully and correctly.
Since, in the instant case, the Tribunal did not order the deduction from the sums due of any income received by the complainant during the period of his expulsion from WIPO, the latter was in no way entitled to make the full payment of these sums subject to the complainant’s declaration of such income or, of its own initiative, to make any deduction in that respect from the aforementioned sums.
If the Organization deemed interpretation of the judgment in question necessary, it should have filed an application to that end. It did not do so. Moreover the Tribunal emphasises that, in Judgment 3119, it purposely decided that, unlike in certain other cases, in view of the circumstances, there were no grounds for deducting any income received by the staff member in question during his period of expulsion from the Organization.
The application for execution must therefore be allowed.
Reference(s)
ILOAT Judgment(s): 3119
Keywords:
application for execution;
Judgment 3334
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the application for execution on the ground that the complainant did not show that the decision taken in application of the judgment in question was unlawful.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2956
Keywords:
application for execution; complaint dismissed;
Judgment 3332
118th Session, 2014
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution following the Administration’s decision that the award of a disability pension compensated her for the Tribunal’s award of material damages.
Consideration 6
Extract:
"The delay in paying the material damages was due to the IAEA seeking clarification regarding the complainant’s unique situation and that delay cannot be considered unreasonable or excessive under the circumstances."
Keywords:
application for execution; delay; material damages;
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3104
Keywords:
application for execution;
Judgment 3263
116th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The application for execution of Judgment 3032 was dismissed by the Tribunal.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3032
Keywords:
application for execution; competition cancelled; complaint dismissed; counterclaim; refusal;
Judgment 3259
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The application for execution of Judgments 2830 and 3014 was rejected by the Tribunal.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2830, 3014
Keywords:
application for execution; compensatory allowance; complaint dismissed; organisation's duties; reinstatement; termination of employment;
Judgment 3207
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for execution of Judgment 2890.
Judgment keywords
Keywords:
application for execution; claim moot; complaint dismissed;
Judgment 3153
114th Session, 2013
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for interpretation and execution of Judgment 2861.
Consideration 6
Extract:
"As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."
Reference(s)
ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061
Keywords:
application for execution; application for interpretation; case law; contribution rate; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;
Judgment keywords
Keywords:
application for execution; application for interpretation; complaint dismissed; contribution rate; contributions; pension; unjspf;
Judgment 3152
114th Session, 2013
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for execution of Judgments 2867 and 3003.
Consideration 11
Extract:
The Tribunal recalls that, "according to the provisions of Article VI of its Statute, its judgments are “final and without appeal”, and they are therefore “immediately operative”, as its earliest case law established (see, in particular, Judgment 82, under 6). The Tribunal subsequently noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority [...]. For this reason, international organisations which have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see [...] Judgments 553 and 1328, or Judgment 1338, under 11). Lastly, there is no provision in the Statute or the Rules of the Tribunal stipulating that, notwithstanding these principles, the submission of an application for an advisory opinion to the International Court of Justice under [...] Article XII has the effect of staying the execution of the impugned judgment pending the rendering of that opinion."
Reference(s)
ILOAT reference: Articles VI and XII of the Statute
ILOAT Judgment(s): 82, 553, 1328, 1338
Keywords:
advisory opinion of icj; application for execution; competence of tribunal; consequence; decision; declaration of recognition; exception; execution of judgment; finality of judgment; icj; iloat statute; judgment of the tribunal; no provision; organisation's duties; request by a party; res judicata; suspensory effects;
Consideration 26
Extract:
"The Tribunal, which has the power to take such measures as may be necessary to ensure that its judgments are executed, may, if it considers it appropriate, order the payment of a penalty for default (see, for example, Judgments 1620, under 10, or 2806, under 11). In the present case, the patent lack of goodwill demonstrated by [the organisation] to date with regard to honouring its obligation to pay the awards made against it justifies the imposition of a penalty, as requested by the complainant, of 25,000 euros for each month's delay in the settlement of the awards made in this judgment."
Reference(s)
ILOAT Judgment(s): 1620, 2806
Keywords:
application for execution; continuing breach; delay; execution of judgment; formal demand for payment; iloat; judgment of the tribunal; organisation's duties;
Judgment keywords
Keywords:
application for execution; complaint allowed; icj; moral injury;
Judgment 3114
113th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
application for execution; complaint allowed;
Consideration 6
Extract:
A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."
Keywords:
administrative delay; allowance; application for execution; compensation; decision; internal appeals body; moral injury; reasonable time; recommendation;
Judgment 3066
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
application for execution; complaint allowed;
Consideration 6
Extract:
According to the Tribunal’s case law, there is no standard time limit for executing judgments. The time needed for their execution depends on the nature and the scope of the action which the organisation is required to take and it must be allowed a reasonable amount of time depending on the circumstances and, among other things, the interests at stake. Where a judgment provides that a case is sent back to an organisation for a new decision, the time needed depends on the circumstances of the particular case. (See, in particular, Judgment 1812, under 4.)
Reference(s)
ILOAT Judgment(s): 1812, 2837
Keywords:
application for execution; execution of judgment;
Judgment 3013
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The obligation to pay compound interest is always an exception. According to the Tribunal's case law, such an obligation must arise from the operative part of its judgments. In this case, to quote the language of consideration 4 of Judgment 802, "if the Tribunal had meant compound interest, [...] it would have used words to that effect"."
Reference(s)
ILOAT Judgment(s): 802
Keywords:
application for execution; case law; consequence; exception; interest on damages; judgment of the tribunal; organisation's duties; payment;
Judgment 2988
110th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Application for execution of Judgment 2786.
"[A]n organisation has a duty to calculate staff salaries and benefits in accordance with its regulations and rules. This applies equally to the calculation of the amount due for salary and benefits pursuant to a judgment of the Tribunal."
Reference(s)
ILOAT Judgment(s): 2786
Keywords:
allowance; application for execution; execution of judgment; payment; salary;
Judgment 2889
108th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 7
Extract:
"In accordance with the Tribunal's case law, at the stage of execution of a judgment by the parties, and likewise in the context of an application for execution, the judgment has res judicata authority and must be executed as ruled (see, for instance, Judgment 1887, under 8). An exception must, however, be made to this principle when execution proves to be impossible owing to facts of which the Tribunal was unaware when it adopted its judgment."
Reference(s)
ILOAT Judgment(s): 1887
Keywords:
application for execution; date; exception; execution of judgment; general principle; judgment of the tribunal; organisation's duties; res judicata; staff member's duties;
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