No cause of action (93,-666)
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Keywords: No cause of action
Total judgments found: 74
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Judgment 1126
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant originally claimed 5001 French francs which she said were mistakenly deducted from her termination indemnity. The Organization having acknowledged its mistake, it paid her the disputed amount after she had filed her complaint. Under the circumstances the Tribunal need not entertain the claim. However, she is entitled to an award of costs.
Keywords:
case pending; costs; no cause of action; settlement out of court;
Judgment 1102
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"According to Article 7 and Appendix II of the Rules of court the complainant must make clear in the statement of his claims what his case is about and submit a brief setting out the facts and his arguments in support of those claims. The complainant has failed to explain in comprehensible terms what it is he wants or to file any legal plea in support".
Reference(s)
ILOAT reference: ARTICLE 7 AND APPENDIX II OF THE RULES
Keywords:
complaint; formal requirements; no cause of action; receivability of the complaint; vague claim;
Judgment 1100
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant challenged the reckoning of her pension in the internal appeal. Having obtained satisfaction after she filed her complaint she withdrew her main claims but presses her claim to moral damages and costs. The Tribunal considers her complaint premature because it challenges a decision which was stated to be provisional, and the withdrawal of her main claim makes her claim to damages void. Nor is she entitled to costs.
Keywords:
absence of final decision; case pending; cause of action; no cause of action; provisional decision; receivability of the complaint; settlement out of court;
Judgment 1097
71st Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's internal appeal contained a claim to a certificate of service in keeping with the Staff Rules. She got one before filing her complaint and therefore has no cause of action.
Keywords:
cause of action; certificate of service; no cause of action; receivability of the complaint; settlement out of court;
Judgment 1056
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant is not challenging any administrative decision. Nor has he submitted any text that may be treated as a claim that has by implication been rejected. His complaint is therefore irreceivable."
Keywords:
cause of action; complaint; no cause of action; receivability of the complaint;
Judgment 1043
69th Session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.
Reference(s)
ILOAT Judgment(s): 922
Keywords:
application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;
Judgment 1042
69th Session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After the UPU notified the reversal of its decision to dismiss the complainant, he no longer had any cause of action. He is nevertheless entitled to an award of costs.
Keywords:
case pending; cause of action; costs; no cause of action; settlement out of court;
Judgment 1003
68th Session, 1990
African Training and Research Centre in Administration for Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Before the complaint was filed the Organisation went back on its decision to dismiss him and replaced it by a reprimand. Since the decision "has been withdrawn and has had no effect on his career there is no cause of action and his complaint is irreceivable."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
cause of action; lack of injury; no cause of action; receivability of the complaint; settlement out of court; termination of employment;
Judgment 949
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."
Keywords:
cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;
Judgment 934
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant invites the Tribunal to declare the two reprimands imposed on him void ab initio. The claim to have the first declared void is res judicata, the Tribunal having already dismissed it in its Judgment no. 801 because the decision had been previously withdrawn. As the second reprimand has also been withdrawn, the Tribunal dismisses the claim to have it declared void as well.
Reference(s)
ILOAT Judgment(s): 801
Keywords:
application for quashing; cause of action; censure; no cause of action; res judicata; settlement out of court;
Judgment 931
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Director-General of CERN decided on the strength of a report by the Joint Advisory Appeals Board to allow the complainant's internal appeal and so informed him by [...] letter [...] the decision was later put into effect. The Tribunal therefore need not rule on the main heads of claim, which have been met."
Keywords:
case pending; cause of action; no cause of action; settlement out of court;
Judgment 887
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
Certainty of the position in law requires the complainant to state clearly what it is he wants. The Tribunal observes that in both his internal appeal and the present complaint, the complainant has failed to indicate the specific documents or type of document he wished to have included in his personal file. Nor has he made clear the reasons for his action. In the present state of the dossier, his complaint is an abuse of the right of appeal under the Statute of the Tribunal.
Keywords:
cause of action; complaint; elements; no cause of action; personal file; receivability of the complaint; vague claim; vexatious complaint;
Judgment 846
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."
Keywords:
application for quashing; cause of action; censure; disciplinary measure; no cause of action; settlement out of court; statement of intent;
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 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 764
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, who is challenging the reckoning of amounts docked from his salary for strike action, obtained satisfaction after he had filed the complaint. His complaint is now without substance. Inasmuch as there were grounds for him to come before the Tribunal at the time of filing, the complainant is entitled to costs.
Keywords:
case pending; cause of action; costs; exception; no cause of action; settlement out of court;
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;
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