Judgment No. 2572
Decision
The complaint is dismissed.
Considerations 8-9
Extract:
As Article VII(1) of the Statute makes clear, a complaint is only receivable if it impugns a decision. If a claim is made, the failure to respond within a specified time or, if no time is specified, a reasonable time will ordinarily be construed as a decision rejecting that claim. However, not every communication in which a complaint is made about a course of action or inaction constitutes a claim, whether for the purposes of Article VII(3) or otherwise; and if no claim is made, the failure to reply does not constitute a decision.
For a communication to constitute a claim, it must seek a decision on something that can be granted in some meaningful way. [...]
Keywords
receivability of the complaint; harassment
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