Receivability of the complaint (76, 77, 78, 947, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)
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Keywords: Receivability of the complaint
Total judgments found: 770
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Judgment 846
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 840
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."
Reference(s)
Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS
Keywords:
formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 838
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants object to the FAO's adoption of a new scale to determine pensionable remuneration whose effect was to lower their pension entitlements. They submit that the application of certain provisions in the Staff Regulations and Staff Rules is in breach of their acquired rights and the rule against retroactivity. "Their complaints will [...] be receivable only if the application of those Regulations and Rules [causes] them injury. The Tribunal concludes from the material rules that it does not."
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 837
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 836
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 835
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 834
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
As a result of the adoption of a new scale of pensionable remuneration, Article 3.1.1 of the ILO Staff Regulations was amended. "The complainants' case does not rest on breach of any term of their contracts or of any provision of the Staff Regulations. What they are saying is that as applied to them Article 3.1.1 of the Regulations impairs their acquired rights. Their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; cause of action; competence of tribunal; condition; enforcement; general decision; individual decision; injury; pension; pensionable remuneration; provision; receivability of the complaint; scale; staff regulations and rules;
Judgment 824
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The quashing of the transfer was a new claim and [the complainant's] appeal was about quite other matters. On these grounds alone his challenge to the transfer is irreceivable".
Keywords:
new claim; receivability of the complaint;
Judgment 818
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant may "impugn the decision because it was based on a new method of reckoning. The change is of such a kind as to warrant challenging a method that has the effect of revising the system of steps within grade."
Keywords:
amendment to the rules; cause of action; general decision; professional experience; provision; receivability of the complaint; reckoning; seniority;
Consideration 3
Extract:
"The EPO contends that the complaint is irreceivable on the grounds that the claims for redress are not the same as those that made up the internal appeal. The Tribunal rejects the plea. As the EPO acknowledges, the claims that are before the Tribunal are covered by the ones that were before the Appeals Committee."
Keywords:
complaint; new claim; receivability of the complaint;
Judgment 804
61st Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."
Keywords:
absence of final decision; complaint; correction of complaint; date; internal remedies exhausted; late decision; receivability of the complaint;
Judgment 801
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The invitation to the complainant to submit observations does not constitute a challengeable decision: the letter merely states the intention of imposing a reprimand."
Keywords:
cause of action; censure; no cause of action; receivability of the complaint; statement of intent;
Consideration 11
Extract:
The complainant's claims to "effective measures preventing further persecution" and recognition of his right to go back to his post in The Hague are irreceivable because he is not challenging any decision adversely affecting him.
Keywords:
cause of action; claim; no cause of action; receivability of the complaint;
Judgment 791
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."
Keywords:
amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;
Consideration 2
Extract:
"[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."
Keywords:
exception; failure to answer claim; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 788
60th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal has not thus far set a time limit for seeking review of its judgments. In this case, it considers the delay of nine years entirely unreasonable.
Keywords:
application for review; reasonable time; receivability of the complaint; time limit;
Judgment 786
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."
Keywords:
failure to answer claim; implied decision; internal remedies exhausted; late decision; reasonable time; receivability of the complaint; time limit;
Judgment 775
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."
Keywords:
advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;
Judgment 764
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury. One that has no effect on his position is not, for example an act which is not operative but a mere declaration of intent."
Keywords:
cause of action; complaint; injury; lack of injury; no cause of action; receivability of the complaint; statement of intent;
Judgment 763
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".
Keywords:
appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;
Judgment 762
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
express decision; implied decision; internal remedies exhausted; provisional decision; receivability of the complaint; time limit;
Judgment 759
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"With one exception any decision by the EPO may be challenged before the Tribunal as is prescribed in its Statute. The exception is a decision that merely confirms or reproduces the original one and is not based on any further inquiry or any new grounds. But there will be confirmation only if the later decision is identical in substance to the original one."
Keywords:
confirmatory decision; definition; receivability of the complaint; same purpose;
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