Judgment No. 4760
Decision
The complaint is dismissed.
Summary
The complainant challenges the failure to establish a medical board to examine the percentage of her permanent loss of function.
Judgment keywords
Keywords
failure to exhaust internal remedies; final decision; claim moot; internal remedies not exhausted; complaint dismissed
Consideration 2
Extract:
Under the Tribunal’s settled case law, the provisions of Article VII, paragraph 3, must be read in the light of paragraph 1 of that Article and are not applicable where the official concerned can use internal remedies, in which case these must be exhausted, as required under paragraph 1, before a complaint may be filed with the Tribunal (see Judgments 4517, consideration 4, and 2631, considerations 3 to 5).
Reference(s)
Jugement(s) TAOIT: 2631, 4517
Keywords
receivability of the complaint; failure to exhaust internal remedies; internal procedure; internal remedies not exhausted
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