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Judgment No. 4572

Decision

The complaint is dismissed.

Summary

The complainant challenges the rejection of his request for recission in which he described the moral injury caused to him by the entry into force of new regulatory provisions.

Judgment keywords

Keywords

general decision; summary procedure; complaint dismissed

Consideration 3

Extract:

[I]t is settled case law that a complainant is not entitled to challenge directly general decisions [...]. As the Tribunal noted in Judgment 3736, consideration 3, a general decision that requires individual implementation cannot be impugned; the lawfulness of a general decision may only be challenged in the context of a challenge to the individual decisions that are taken on its basis (see Judgments 3628, consideration 4, and the case law cited therein, 4008, consideration 3, 4119, consideration 4, and 4278, consideration 2).

Reference(s)

ILOAT Judgment(s): 3628, 3736, 4008, 4119, 4278

Keywords

general decision; cause of action

Consideration 6

Extract:

[T]he complainant seeks the setting aside of the Appeals Committee’s opinion that preceded the decision of 16 June 2021.That claim must also be rejected as clearly irreceivable because, according to established case law, such an opinion does not constitute an act adversely affecting the complainant and therefore cannot be appealed (see Judgment 4477, consideration 11, and the case law cited therein).

Reference(s)

ILOAT Judgment(s): 4477

Keywords

cause of action; administrative decision; report of the internal appeals body



 
Last updated: 18.01.2023 ^ top