Judgment No. 4325

• Organization: International Cocoa Organization (ICCO)
• Date: 24.07.2020
• Original: French
• Judges: Frydman, Hansen, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant impugns a decision that was taken when the ICCO had not yet recognised the Tribunal’s jurisdiction.

Judgment keywords

Keywords

competence of tribunal; summary procedure; late filing; complaint dismissed

Consideration 4

Extract:

Under Article II, paragraph 5, of its Statute, the Tribunal may hear a complaint only when the international organisation concerned has addressed a declaration recognising the Tribunal’s jurisdiction to the ILO’s Director-General and that declaration has been approved by the ILO’s Governing Body. Although, as stated in consideration 2 above, these requirements have been met in this case, the decision impugned by the complainant was taken when the ICCO had not yet recognised the Tribunal’s jurisdiction, which, moreover, it did not do until well after the expiry of the “ninety days after the complainant was notified of the decision impugned” in which complaints must be filed pursuant to Article VII, paragraph 2, of the Statute of the Tribunal.

Keywords

competence of tribunal; late filing