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Claim moot (674,-666)
You searched for:
Keywords: Claim moot
Total judgments found: 38
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Judgment 4156
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.
Consideration 3
Extract:
The complainant’s requests concerning the reviewing officer’s irregular evaluation have therefore become moot. Consequently, it is not necessary to rule on this point (see, for example, Judgments 2784, consideration 7, and 3179, consideration 3).
Reference(s)
ILOAT Judgment(s): 2784, 3179
Keywords:
claim moot;
Judgment 4119
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependants’ allowance.
Consideration 5
Extract:
Judgment 3291 has been given in related proceedings so the request for joinder has become moot.
Reference(s)
ILOAT Judgment(s): 3291
Keywords:
claim moot; joinder;
Judgment 4088
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reassign him to the General Service category upon the expiry of his fixed-term appointment to a position in the Professional category.
Consideration 6
Extract:
The IAEA requests the joinder of the present complaint with the complainant’s first complaint filed in the Tribunal. This request has, however, become moot because the Tribunal has already ruled on the complainant’s first complaint in Judgment 4023.
Reference(s)
ILOAT Judgment(s): 4023
Keywords:
claim moot; joinder;
Consideration 6
Extract:
The complainant’s request for the disclosure of “all documents related to the decision and the previous justification that were used for the [last] extension [of his fixed-term appointment in the P category]” is also moot inasmuch as he has acknowledged that the IAEA has provided him with the documents which he requested.
Keywords:
claim moot; disclosure of evidence;
Judgment 4086
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her contested job description.
Consideration 1
Extract:
WIPO’s contention that this complaint is moot as the complainant was transferred from the post for which the contested job description was issued is rejected. This is because the alleged failure mentioned above may nevertheless have produced legal effects (see, for example, Judgment 3648, under 3).
Reference(s)
ILOAT Judgment(s): 3648
Keywords:
claim moot;
Judgment 4080
127th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims that the Organisation has breached its duty of care towards him following an accident at work, involving a contractor, which resulted in national judicial proceedings.
Consideration 8
Extract:
There is no need to quash the impugned decision insofar as it refused the disclosure of the internal audit report, since that report was produced subsequently, which has rendered the complainant’s claims regarding this matter moot. [...]
Keywords:
claim moot; disclosure of evidence;
Judgment 4060
127th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, an ICC Senior Security Officer, contests the decision to temporarily withdraw his authorisation to carry a firearm.
Consideration 3
Extract:
Consistent precedent has it that “[a]s a matter of law, a claim is moot when there is no longer a live controversy. Whether or not there is a live controversy is a matter to be determined by the Tribunal” (see, for example, Judgment 2856, under 5). As a result of the reinstatement of the complainant’s firearm authorisation, the impugned decision is no longer operative and, consequently, the complainant’s claim for the reversal of “the decision to temporarily remove [his] authority to carry a firearm or, in case this cannot be granted, reinstate [his] authorisation to carry a firearm” has been overtaken by the 22 February 2017 decision. The fact that the impugned decision is no longer in force, however, does not resolve the other live issues between the parties concerning the lawfulness of that decision and the consequences of that decision for which the complainant claims moral damages.
Reference(s)
ILOAT Judgment(s): 2856
Keywords:
cause of action; claim moot; complaint; receivability of the complaint;
Judgment 3999
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reclassify her post.
Considerations 9-10
Extract:
The Tribunal notes that the decision which was contested in the internal appeal proceedings was the refusal to submit the complainant’s post to a reclassification exercise. That was remedied by the final decision [...], ordering that a reclassification exercise be undertaken. In fact, the Director General’s decision was implemented and a reclassification exercise took place [...], with the result that the Classification Committee found that the complainant’s post was properly classified at grade P-4. The complainant was informed of the outcome of the reclassification exercise by an internal memorandum dated 13 January 2015, that is, after she filed the present complaint. [...]
Insofar as the complainant contests the decision not to submit the request for reclassification of her post to HRMD, the Tribunal finds that this claim is moot as that decision was replaced by the final decision [...]. With regard to the issues raised by the complainant to support her claim regarding the unlawfulness of the decision not to consider reclassifying her post, they are superseded by the final decision.
Keywords:
claim moot;
Judgment 3997
126th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his 2012 performance evaluation.
Consideration 7
Extract:
The remainder of the complainant’s claims are that the impugned decision be quashed, that the Tribunal declare the contentious performance evaluation null and void and that he be awarded costs. However there is no basis for granting this relief (putting aside the question of costs) as the performance evaluation was set aside in the impugned decision. At law, it no longer exists so there is nothing on which the order as sought in the Tribunal could operate.
Keywords:
claim moot;
Judgment 3909
125th Session, 2018
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his temporary appointment.
Consideration 2
Extract:
The Tribunal considers that the complainant’s request has become moot since [...] the requested items have been provided.
Keywords:
claim moot; disclosure of evidence;
Judgment 3884
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.
Consideration 24
Extract:
[S]ince there is no reason to reinstate the complainant in her post, [...] her challenge to her successor’s appointment, which would obviously make sense only if her reinstatement were possible, has become irrelevant.
Keywords:
claim moot;
Judgment 3747
123rd Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for a post.
Consideration 3
Extract:
The Tribunal concludes that the complainant’s claims are not moot insofar as the Director General, who did not follow the Appeal Board’s recommendations, decided not to annul the competition, and to award the complainant […] moral damages. This is because these aspects of the Director General’s decision […] would not have been affected by the outcome of the revised report […] and the Director General’s decision following his receipt of that report.
Keywords:
claim moot;
Judgment 3648
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a competition process in which she participated and the lawfulness of the ensuing appointment.
Consideration 3
Extract:
WIPO asserts that the complaint is now moot. In support of this contention, it points out that Mrs H. was transferred to another post [...] and that a new selection procedure [...] resulted in the appointment of another staff member [...]. However, the fact that Mrs H. has now been replaced in the post to which she was appointed at the end of the disputed competition does not by any means render moot the complaint against the decision to appoint her to that post, since that decision was nevertheless implemented and produced legal effects (see, for example, Judgments 1680, under 3, 3206, under 12, 3449, under 4, in fine, and 3546, under 3).
Reference(s)
ILOAT Judgment(s): 1680, 3206, 3449, 3546
Keywords:
claim moot;
Judgment 3546
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the principle of extending the active service of a staff member beyond the age of 65 and the terms thereof.
Consideration 3
Extract:
"[T]he ILO [...] contends that, in his decision [...], the Director-General endorsed the JAAB’s recommendation that he should review and clarify the Office’s practices with regard to the employment of staff members beyond the statutory retirement age. However, the mere fact that the Director-General thus undertook to adopt general measures on that matter in the future obviously does not render moot the complainant’s request [...]."
Keywords:
claim moot;
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 3131
113th Session, 2012
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
This judgment [i.e. different judgment between the same parties], which was delivered after the parties to the present proceedings had made their final submissions, has the effect of overturning the facts in the case by depriving it of its main purpose.
Keywords:
case without object; claim moot; judgment of the tribunal;
Judgment 3058
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
claim moot; complaint dismissed; invalidity;
Judgment 1680
84th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organization "cites the ruling in Judgment 1394 [...] that there is no question of 'quashing a decision that no longer exists and therefore has no effect in law'. But the precedent holds good only where the decision impugned has been retroactively withdrawn and has had no effect in law."
Reference(s)
ILOAT Judgment(s): 1394
Keywords:
cause of action; claim moot; effect; impugned decision; withdrawal of decision;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."
Reference(s)
ILOAT Judgment(s): 729
Keywords:
appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;
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