Judgment No. 2213

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 16.07.2003
• Original: French
• Judges: Egli, Ba, Rondón De Sansó
• Full judgment text - Full judgment text (french)

Decision

THE APPLICATION IS DISMISSED.

Consideration 6(a)

Extract:

The Tribunal had dismissed the complaint by which the complainant impugned the non-renewal of his appointment. In his application for review of that judgment, he submits that a post intended for him had been mentioned in the draft programme and budget and that, since the document had been approved as it stood by the General Conference, this implied his appointment to the post at issue. "The question arises as to whether such an argument affords grounds for review. It is not necessary to answer that question, considering that the fact does not appear to be decisive, since the adoption of a budget could [...] not be interpreted as a decision to make an appointment."

Keywords

application for review; admissible grounds for review; inadmissible grounds for review; decision; interpretation; assignment; contract; appointment; post; non-renewal of contract; executive body; acceptance; consequence

Consideration 8

Extract:

In his application for review "the complainant contends that the Tribunal failed to rule on requests for the disclosure of documents by the organization [...] A plea that the Tribunal failed to rule on claims is related to a complainant's submissions on the merits; by contrast, decisions by the Tribunal on requests for the disclosure of documents concern the administration and appraisal of evidence and cannot, in principle, give rise to review."

Keywords

application for review; failure to admit evidence; inadmissible grounds for review; omission to rule on a claim; appraisal of evidence; disclosure of evidence

Consideration 10

Extract:

The financial claims the complainant submits in his application for review are greater than those he put forward in the proceedings of the judgment he wants to have reviewed. "To that extent, they are [...] irreceivable on the grounds that internal remedies have not been exhausted."

Keywords

application for review; new claim; receivability of the complaint; internal remedies exhausted; allowance