Summary procedure (172, 674, 800, 117,-666)
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Keywords: Summary procedure
Total judgments found: 213
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Judgment 4326
130th Session, 2020
International Cocoa Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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; complaint dismissed; summary procedure;
Judgment 4325
130th Session, 2020
International Cocoa Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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; complaint dismissed; late filing; summary procedure;
Judgment 4272
129th Session, 2020
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision whereby the Director-General of the ITER Organization dismissed him.
Judgment keywords
Keywords:
complaint dismissed; late filing; summary procedure;
Judgment 4271
129th Session, 2020
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the delivery of Judgment 4006, the complainant re-submitted to the new Registrar of the ICC a harassment grievance on the part of the former Registrar. He filed his complaint directly with the Tribunal, considering that he did not receive a final decision on his grievance within the prescribed time limit.
Considerations 2-3
Extract:
In filing his complaint with the Tribunal, the complainant relies on Article VII, paragraph 3, of its Statute. He considers that as he did not receive a final decision within sixty days of the date on which the DAB’s report was submitted to the Registrar, he is entitled to proceed directly to the Tribunal, by filing a complaint within the following ninety-day period.
This approach is mistaken. As the Tribunal recalled in Judgments 4174, consideration 4, and 3975, consideration 5, for example, it is clearly established in the case law that where the Administration takes any action to deal with a claim, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal. Moreover, firm precedent has it that when an organisation forwards a claim before the expiry of the prescribed period of sixty days to the competent authority, this step in itself constitutes “a decision upon [the] claim” within the meaning of this provision (see, on these points, Judgments 532, 762, 786, 2681, 3034 and 3956). In the present case, it is obvious that the complainant’s grievance has been examined in accordance with the procedure set forth in the Administrative Instruction ICC/AI/2005/005. His complaint therefore cannot be considered receivable under Article VII, paragraph 3, of the Statute.
Reference(s)
ILOAT Judgment(s): 532, 762, 786, 2681, 3034, 3956, 3975, 4174
Keywords:
direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 4270
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, former officials of the World Food Programme whose employment was terminated as a result of the abolition of their posts, allege that they performed functions of a higher level than those of the posts they occupied, and claim compensation as well as reinstatement.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; late filing; receivability of the complaint; summary procedure;
Judgment 4269
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former EPO employee subjected to a “house ban”, seeks to impugn the decision to reject his requests for review.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; receivability of the complaint; summary procedure;
Judgment 4268
129th Session, 2020
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was suspended and revoked for having behaved inappropriately, challenges the delay in the appeal proceedings.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 4206
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant argues that the exercise of his right of appeal is paralyzed in view of excessive delays in the internal appeal process.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 4205
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the EPO, seeks the restoration of his rights with respect to two complaints withdrawn in 2015.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 4204
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the Appeals Committee to close the case in light of Judgment 3893.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4203
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests, inter alia, his reinstatement to his former post.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4202
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgments 3887 and 3986 and contests the implied rejection of his request for the execution of those judgments.
Judgment keywords
Keywords:
application for execution; complaint dismissed; res judicata; summary procedure;
Judgment 4201
128th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision taken by the Executive Committee of the Staff Association to reject his application for legal support in connection with a complaint he had filed with the Tribunal.
Judgment keywords
Keywords:
administrative decision; competence of tribunal; complaint dismissed; freedom of association; ratione materiae; summary procedure;
Judgment 4200
128th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an implied decision to dismiss his appeal against the outcome of a recruitment process.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 4199
128th Session, 2019
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 4022.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4022
Keywords:
application for review; complaint dismissed; summary procedure;
Judgment 4198
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 4004.
Consideration 2
Extract:
Consistent precedent has it that a judgment of the Tribunal may be reviewed only in exceptional circumstances and on strictly limited grounds. The rationale for this was stated, for example, in Judgment 3899, consideration 3, as follows:
“[P]ursuant to Article VI of its Statute, the Tribunal’s judgments are ‘final and without appeal’ and have res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated, for example, in Judgments 1178, 1507, 2059, 2158 and 2736, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3).”
Reference(s)
ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473, 3899
Keywords:
admissible grounds for review; summary procedure;
Judgment 4133
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3956.
Judgment keywords
Keywords:
application for review; complaint dismissed; mistake of fact; summary procedure;
Judgment 4132
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3955.
Judgment keywords
Keywords:
application for review; complaint dismissed; failure to take account of material facts; summary procedure;
Judgment 4131
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the President of the Office to reject his appeal against the referral of his case to the Appeals Committee.
Judgment keywords
Keywords:
complaint dismissed; step in the procedure; summary procedure;
Judgment 4130
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3970.
Judgment keywords
Keywords:
application for review; complaint dismissed; material error; summary procedure;
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