Joinder (52, 53, 54,-666)
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Keywords: Joinder
Total judgments found: 171
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Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal will ordinarily join cases only if the purpose of the suit, the issues of fact and the defendant are the same. [...] But the sound administration of justice demands joinder. Though there may be differences, the purpose of both suits is to get a ruling by the Tribunal on a dispute that has arisen over the consequences of its earlier judgment".
Reference(s)
ILOAT Judgment(s): 792
Keywords:
identical claims; joinder;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complaints are joined because each makes the same pleas and claims and rests on the same facts."
Keywords:
complaint; condition; identical claims; joinder;
Judgment 762
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Before the Tribunal will join two or more complaints, two conditions must be fulfilled. the first is that the substance of the claims must be the same, whatever their wording. The second is that the material facts, viz. those on which the claims rest, should be the same. [...] It is immaterial that the complainants advance more or less different pleas since the content of the pleas lays no constraint on the Tribunal's ruling."
Keywords:
application of law ex officio; complaint; condition; definition; identical claims; joinder;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
In this case, "the complainants' pleas and claims are not stated in identical terms, but in substance their case is the same. [...] All three complainants are in the same factual position. [...] A further fact that is material, in view of the nature of their claims, is that all three are married and have children [...] The material issue in the three cases is in essence the same and the Tribunal will rule on the single legal issue which the three complaints raise."
Keywords:
claim; difference; identical facts; joinder;
Judgment 663
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Before the Tribunal will join complaints and deal with them in a single judgment two conditions must be fulfilled. The first is that the substance of the claims must be the same. Whether they are stated differently is of no account: what matters is that the Tribunal should be able to rule on them in a single decision. The second condition is that the material facts, viz. those on which the claims rest and which are relevant thereto, should be the same. The complaints need not all contain the same arguments and rest on the same legal reasoning. The Tribunal rules as it sees fit and is not constrained by the parties' submissions."
Keywords:
application of law ex officio; condition; identical claims; identical facts; joinder;
Consideration 1
Extract:
"Although there are some differences between the four complaints, which impugn different decisions and put forward not quite identical claims, the decisions do form a single pattern of which each complaint challenges different elements, all four being closely and indeed inextricably linked by an identity of substance. They all raise the same preliminary issue, and one on which the Tribunal may give a single ruling, namely the receivability of a complaint challenging a general decision by the Council."
Keywords:
claim; difference; joinder;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
For the Tribunal to join two or more complaints and deal with them in a single judgment, both the substance of the claims and the material facts should be the same. "The complainants need not all have the same arguments. The Tribunal rules as it sees fit and is not constrained by the parties' submissions, variations between them being immaterial."
Keywords:
condition; identical claims; identical facts; joinder;
Judgment 656
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 657, consideration 1.
Reference(s)
ILOAT Judgment(s): 657
Keywords:
condition; identical claims; identical facts; joinder;
Judgment 626
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complaints "raise the same issues of fact and of law. [...] The Tribunal therefore joins the two cases and delivers a single judgment."
Keywords:
identical facts; joinder;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In her rejoinder the complainant asks the Tribunal to hear this complaint together with another she has filed but in which the written proceedings are not completed. Thus she would like the Tribunal to postpone the hearing of this case." She subsequently suggests joining the two complaints with another yet to be filed. The Tribunal "will deliver a separate judgment on the present case, which raises distinct and quite separate issues, and it reserves its decision on the joinder of subsequent complaints."
Keywords:
complainant; complaint; joinder; refusal; request by a party; tribunal;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Each of the complainants "has filed a complaint against the organisation and a rejoinder which [...] rest on the same facts and make the same pleas and claims. The [organisation] has filed a single reply and a single surrejoinder. The Tribunal will therefore join the complaints and give a single decision."
Keywords:
identical claims; identical facts; joinder;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The two complaints relate in part to the same facts and impugn decisions one of which is consequential to the other. In these circumstances the Tribunal must order the joining of the two complaints as proposed by the complainant."
Keywords:
complaint; identical facts; joinder;
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