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Judgment No. 4571


The complaint is dismissed.


The complainant impugns the decision to reject a request for review against a failure to answer a claim for damages based on alleged negligence of the Organization.

Judgment keywords


summary procedure; internal remedies not exhausted; complaint dismissed

Consideration 3


Article VII, paragraph 1, of the Statute of the Tribunal provides that “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”. It is firmly established in the case law that, in order to comply with that provision, the complainant must follow the available internal appeal procedures properly (see, for example, Judgments 3296, consideration 10, and 3749, consideration 2).


ILOAT Judgment(s): 3296, 3749


internal remedies not exhausted

Last updated: 08.08.2022 ^ top