Judgment No. 2168

• Organization: World Health Organization (WHO)
• Date: 03.02.2003
• Original: English
• Judges: Gentot, Hugessen, Romero
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS AND THE APPLICATION TO INTERVENE ARE DISMISSED.

Considerations 1-2

Extract:

"Except for some minor and irrelevant matters of detail, and differences in the manner and form, but not the substance of the arguments presented, the case of the present complainants is almost identical to that which was decided by the tribunal in Judgment 2142 [...] all issues, both procedural and substantive, were definitively dealt with by the tribunal in that case [...] while that judgment is not technically res judicata, for there is no identity of the parties, it constitutes authoritative case law which the Tribunal will follow."

Reference(s)

ILOAT Judgment(s): 2142

Keywords

procedure before the tribunal; finality of judgment; decision; grounds; formal requirements; res judicata; same parties; exception; judgment of the tribunal; case law; consequence; difference