Request by a party (633, 795, 796,-666)
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Keywords: Request by a party
Total judgments found: 161
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Judgment 1658
83rd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The complainant asks the Tribunal to adjourn the case until a decision has been taken by the [...] Administrative Council of the EPO - on his application for referral of Judgment 1333 [...] to the International Court of Justice for an advisory opinion. [...] The Tribunal asked the Organisation what was the status of any application from the complainant to the Administrative Council for such referral. The Organisation replied [...] enclosing a copy of a letter that the Chairman of its Council had written to the complainant [...] explaining that the conditions for such referral were not fulfilled: the Council was satisfied, said its Chairman, that the Tribunal had been competent to hear the case and that there had been no fundamental fault in the procedure followed. Since the complainant's application for referral to the court has been refused the Tribunal will now take up the case."
Reference(s)
ILOAT Judgment(s): 1333
Keywords:
advisory opinion of icj; competence of tribunal; complainant; executive body; icj; judgment of the tribunal; procedural flaw; request by a party; submissions;
Judgment 1656
83rd Session, 1997
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."
Keywords:
complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;
Judgment 1633
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Organization may not rely on the complainant's apparent willingness in March 1995 to accept a two-year extension of his contract: since it did not reply to his letter [...] it did not accept his offer. In April 1995 he sought an extension by five years, thereby withdrawing any offer to settle for two."
Keywords:
consequence; contract; extension of contract; failure to answer claim; intention of parties; offer; refusal; request by a party;
Judgment 1594
82nd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The description and grading of the complainant's post dragged on for three-and-a-half years, and that was too long. As the Appeal Board held, "the administration has a duty to process promptly any claim to upgrading or to payment of special post allowance so that the official will not be left to suffer or to wonder what is going on.
Keywords:
administrative delay; duty of care; good faith; organisation's duties; post classification; post description; request by a party; special post allowance; staff member's interest;
Judgment 1558
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Mr. V., who defended the complainant before the Disciplinary Committee, has filed an application to intervene in the complaint on the grounds that the EPO has harmed his good name by making false, defamatory and insulting remarks about him in its surrejoinder. That matter falls outside the scope of the complaint before the Tribunal, whose ruling can have no bearing on Mr. V.'s grievance. His application is therefore disallowed."
Keywords:
complaint; decision; effect; intervention; moral injury; organisation's duties; request by a party; respect for dignity;
Judgment 1551
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A claim to damages cannot succeed unless the claimant proves the unlawful act and the consequent injury. Since the complainant has not done so, his claim to damages must fail."
Keywords:
complainant; condition; evidence; injury; material damages; moral injury; request by a party;
Judgment 1543
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES
Keywords:
competence of tribunal; complaint; discretion; executive head; iloat statute; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; request by a party; summary procedure; waiver of immunity;
Judgment 1513
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As a general rule a complainant may not be entitled to consult any records that may have been made of discussions by a selection committee: members of such committees would not feel free to discuss candidates independently in future if they felt at risk of having there own views divulged: see Judgment 556."
Reference(s)
ILOAT Judgment(s): 556
Keywords:
case law; competition; confidential evidence; disclosure of evidence; report; request by a party; selection board;
Judgment 1462
79th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 398, considerations 1 and 2.
Reference(s)
Organization rules reference: ARTICLE 92 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE EUROCONTROL AGENCY
ILOAT Judgment(s): 398
Keywords:
case law; complaint; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint; request by a party; staff regulations and rules; time bar;
Judgment 1364
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. The EPO is therefore right to refuse any change in that determination as to the past."
Keywords:
acceptance; amendment to the rules; appointment; decision; home; home leave; non-retroactivity; refusal; request by a party;
Consideration 11
Extract:
Vide Judgment 1324, consideration 9.
Reference(s)
ILOAT Judgment(s): 1324
Keywords:
amendment to the rules; equal treatment; home; home leave; nationality; official; refusal; request by a party;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."
Keywords:
appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;
Judgment 1311
76th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The complainant, who reached retirement age, is challenging the amount he received in terminal entitlements. Two former officials, also retirees, have filed applications to intervene. "It appears from the wording of the applications that the interveners' cases were settled once and for all when they left the ESO. Their entitlements are therefore beyond challenge and this judgment may neither reduce nor increase them. The applications fail."
Keywords:
intervention; reckoning; request by a party; retirement; terminal entitlements;
Judgment 1287
75th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The application to intervene having been filed after the Tribunal's session had started, it is "declared irreceivable under Article 17(4) of the Rules of court".
Reference(s)
ILOAT reference: ARTICLE 17(4) OF THE RULES
Keywords:
closure of written proceedings; iloat statute; intervention; refusal; request by a party;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
Vide Judgment 1265, consideration 38.
Keywords:
allowance; breach; international civil service principles; request by a party; tribunal;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
"The complainants claim damages for breach of their basic rights, which the Tribunal has acknowledged. All that need be said is that payment of damages is not a proper means of giving them satisfaction on a matter of principle of that kind."
Keywords:
allowance; breach; compensation; international civil service principles; request by a party; tribunal;
Judgment 1261
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."
Keywords:
disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Considerations 7-8
Extract:
The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.
Keywords:
burden of proof; disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."
Keywords:
administrative delay; allowance; delay; lack of injury; misconduct; refusal; request by a party; terminal entitlements;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."
Keywords:
burden of proof; early retirement; independence; international civil service principles; lack of consent; member state; official; organisation; organisation's duties; request by a party;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant's appointment expired on 31 March 1992 and there was no reason why the organization should renew it. In the light of all the material circumstances, including her behaviour, the Tribunal disallows her claim to reinstatement."
Keywords:
complainant; conduct; contract; fixed-term; non-renewal of contract; refusal; reinstatement; request by a party; tribunal;
Consideration 4
Extract:
The complainant seeks the redefinition of her duties and, subsidiarily, transfer or secondment. "The administration never forced the complainant to perform duties other than those in the description of her post. It is bound neither to amend the duties of staff to suit their own wishes nor [...] to grant their applications for transfer, provided that its decisions are not prompted by considerations irrelevant to its own interests."
Keywords:
amendment to the rules; assignment; discretion; organisation's duties; organisation's interest; post; post description; request by a party; request for transfer; secondment;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Organization objects to [the] production [of certain items of evidence] on the grounds of privilege but not to the Tribunal's seeing the documents and ruling on the plea of privilege. The complainant being in agreement with that course of action, the Tribunal has ordered the Organization to disclose to it the notes and correspondence. Having read the documents disclosed, the Tribunal upholds the plea of privilege."
Keywords:
appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;
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