Judgment No. 4760

• Organization: World Health Organization (WHO)
• Date: 31.01.2024
• Original: English
• Judges: Frydman, Rawlins, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the failure to establish a medical board to examine the percentage of her permanent loss of function.

Judgment keywords

Keywords

failure to exhaust internal remedies; final decision; claim moot; internal remedies not exhausted; complaint dismissed

Consideration 2

Extract:

Under the Tribunal’s settled case law, the provisions of Article VII, paragraph 3, must be read in the light of paragraph 1 of that Article and are not applicable where the official concerned can use internal remedies, in which case these must be exhausted, as required under paragraph 1, before a complaint may be filed with the Tribunal (see Judgments 4517, consideration 4, and 2631, considerations 3 to 5).

Reference(s)

ILOAT Judgment(s): 2631, 4517

Keywords

receivability of the complaint; failure to exhaust internal remedies; internal procedure; internal remedies not exhausted