Costs (121, 122, 123, 690, 871,-666)

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Keywords: Costs
Total judgments found: 101

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• Judgment 3109

  
  113th Session, 2012
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  application filed by the organisation; application for interpretation; complaint dismissed; costs;
  

  
  
  

• Judgment 3054

  
  112th Session, 2012
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The Tribunal recalls that it has the inherent power to impose costs on a complainant (see Judgment 1962, under 4) [...]."

  Reference(s)

  ILOAT Judgment(s): 1962
  

  Keywords:

  costs; inherent power;
  

  
  
  

• Judgment 2862

  
  108th Session, 2010
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3 and 7

  Extract:

  The critical issue raised by this complaint is whether the complainant was entitled to reimbursement of income tax levied in Canada on the salary and allowances received by her from the Organization.
  "It is not in dispute that the complainant was informed before she accepted the offer of appointment that she was not entitled to reimbursement of income tax paid in Canada. She claims that the information given to her at that time was false and that at all relevant times the Staff Regulations and Rules provided for reimbursement [...]. In support of her claim she provides a version of Annex A to the Staff Regulations and Rules [...]. IOM produces another version [of the said Annex]."
  "IOM seeks an order for costs against the complainant. Given that initial correspondence with the complainant suggested that income tax would be reimbursed, and given also the confusion relating to the precise terms of Annex A, including that the complainant was provided with a hard copy of the annex in its unamended form, this is not an appropriate case in which to award costs against the complainant."

  Keywords:

  costs; organisation's duties; payment; refund; staff regulations and rules; tax;
  

  
  
  

• Judgment 2853

  
  107th Session, 2009
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6-8

  Extract:

  The difference as to the complainant's performance rating was not resolved in internal grievance proceedings and the complainant filed an internal appeal. Having received no response, the complainant sent an e-mail to the Registry of the Tribunal, stating that he wished to file a complaint.
  "It is fundamental that a litigant cannot pursue the same claim before different adjudicative bodies at the same time. Normally, the litigant will be forced to elect the forum in which he or she intends to proceed. That did not happen in the present case. Nonetheless, the complainant pursued his internal appeal to finality and, thus, must be taken to have elected to pursue internal remedies rather than to proceed at that stage before the Tribunal on the basis of an implied rejection of his internal appeal. However, that does not mean that the complaint is irreceivable."
  "[When] the complainant [decided] to pursue internal remedies [...], [his] complaint had already been filed and it was receivable pursuant to Article VII, paragraph 3, of the Statute. Moreover, he then had a cause of action, as his claim was not satisfied until 13 December 2007."
  "Even though the complaint became without object on 13 December 2007, it was receivable when filed and the complainant then had a cause of action. Accordingly, he is entitled, in these circumstances, to the costs associated with its filing, even though not requested in the complaint. However, he is not entitled to costs in respect of subsequent pleadings which were filed after his decision to pursue his internal appeal. There will be an award of costs in the amount of 500 Swiss francs, but the complaint must otherwise be dismissed."

  Keywords:

  absence of final decision; costs; direct appeal to tribunal; duplication of proceedings; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 2819

  
  107th Session, 2009
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "Although the complainant's dignity has been seriously injured, and consistently injured over a period of three and a half years, he has suffered no financial loss and his claims for compensation and for moral damages are excessive. [...] The complainant will be adequately compensated by an award of moral damages in the amount of 25,000 euros. There will be an award of costs of these proceedings and the internal appeal proceedings in the amount of 5,000 euros."

  Keywords:

  amount; complainant; costs; injury; lack of injury; material injury; respect for dignity;
  

  
  
  

• Judgment 2485

  
  100th Session, 2006
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  [A]lthough much of the work involved in relation to this complaint has been undertaken by the ILO Staff Union, there should be an award of costs in the sum of 5,000 francs.

  Keywords:

  costs; staff representative;
  

  
  
  

• Judgment 2418

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "Although the EPO has disputed the complainants' claim for costs of these proceedings on the basis that their counsel is a full-time EPO staff member, it is appropriate to award each complainant 1,000 euros to cover their out of pocket expenses, time and trouble."

  Keywords:

  claim; condition; costs; counsel; receivability of the complaint;
  

  
  
  

• Judgment 2394

  
  98th Session, 2005
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Since he partially succeeds, the complainant is entitled to costs, which he may claim directly before the Tribunal, contrary to the defendant's plea".

  Keywords:

  claim; complainant; costs; exception; internal remedies exhausted; receivability of the complaint; right;
  

  
  
  

• Judgment 2278

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The complainant here is unrepresented. While the employment of a legally trained advisor is not a requirement and is no guarantee that a case will be well presented, the complainant's written pleadings are repetitive and contain largely unhelpful personal attacks on the member of the legal department who wrote the [Organisation]'s pleadings. They also contain unfounded and insulting comments about the EPO to which the latter properly objects. The Tribunal will limit the award of costs to 300 euros."

  Keywords:

  complaint; costs; counsel; rejoinder; reply;
  

  
  
  

• Judgment 2211

  
  94th Session, 2003
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  Having made reference to what it declared in Judgment 1884, under 8 and 9, the Tribunal states: "The Tribunal will not, of course, impose costs penalties in every case in which a persistent litigant [...] loses, for some disputes will no doubt be at least arguable. But where, as in the present case, a complainant has actually had success before the Tribunal [...] and nonetheless refuses to accept the limitations which such success imposes, that complainant may expect to have cost consequences. Because this is the first time the Tribunal has had to act against the present complainant, the costs awarded to the organisation will be relatively nominal, but that will not necessarily be the case in the future. The Tribunal will order the complainant to pay the [organisation] the sum of 100 euros in costs. The [organisation] may recover the award by withholding it from any amounts due to the complainant now or in the future."

  Reference(s)

  ILOAT Judgment(s): 1884
  

  Keywords:

  case law; complaint; costs; counterclaim; res judicata; vexatious complaint;
  

  
  
  

• Judgment 2073

  
  91st Session, 2001
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."

  Keywords:

  administrative delay; amount; breach; complainant; costs; damages; injury; lack of evidence; organisation's duties; supervisor; written rule;
  

  
  
  

• Judgment 2065

  
  91st Session, 2001
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  "In this application the complainant is challenging the decision of 31 August 2000 [...] However, the President's new decision of 11 April 2001 [...] has deprived the application of a cause of action. Since he claims costs, it must be determined whether the complainant did have a cause of action at the time of filing this application on 11 October 2000."

  Keywords:

  application for execution; cause of action; claim; costs; date; decision; executive head; no cause of action; receivability of the complaint;
  

  
  
  

• Judgment 1962

  
  89th Session, 2000
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The Tribunal recalls that it has the inherent power to impose costs on a complainant. But it specifies that it will only exercise this power in exceptional circumstances. "In the present case, it is clear that a full withdrawal of suit would have been desirable once Judgment 1864 had upheld the rules [at issue]. However, neither the fact that the complainant filed his complaint later than his colleagues, nor his failure to reply to the invitation made by the legal services to withdraw suit in the week following [...] can be considered as constituting abuse. The Tribunal finds that in the circumstances, this is not one of the exceptional cases in which it could penalise the filing or maintenance of a complaint as being abusive. It therefore dismisses the EPO's counterclaims."

  Reference(s)

  ILOAT Judgment(s): 1864
  

  Keywords:

  condition; costs; counterclaim; exception; vexatious complaint; withdrawal of suit;
  

  
  
  

• Judgment 1932

  
  88th Session, 2000
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "[T]he Tribunal would emphasise that it will not tolerate the waste of time and money caused by the pursuit of abusive and unnecessary procedures before it and will take towards those responsible any appropriate action, including awards of costs, if requested to do so."

  Keywords:

  complaint; costs; counterclaim; vexatious complaint;
  

  
  
  

• Judgment 1884

  
  87th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8-9

  Extract:

  "The Tribunal has never heretofore imposed a costs penalty upon a complainant. However, it asserts unequivocally that it possesses the inherent power to do so as part of the necessary power to control its own process. Clearly, such power must be exercised with the greatest care and only in the most exceptional situations since it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of costs. [T]he Tribunal [...] declares that in future it will award costs against complainants in appropriate cases if they are sought."

  Keywords:

  complaint; costs; counterclaim; vexatious complaint;
  

  
  
  

• Judgment 1847

  
  87th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."

  Keywords:

  case pending; costs; good faith; no award of costs; settlement out of court; vexatious complaint;
  

  
  
  

• Judgment 1788

  
  86th Session, 1999
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "Having won satisfaction only after filing suit, the complainant is entitled to costs in the amount he claims: 5,000 Swiss francs."

  Keywords:

  costs; late decision; tribunal; withdrawal of decision;
  

  
  
  

• Judgment 1601

  
  82nd Session, 1997
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "Since the reversal of the disputed measures came only after the filing of the complaints and the complainants were therefore put to needless expense, their claim to costs succeeds. Eurocontrol's counterclaim to an award of costs against the complainants is dismissed."

  Keywords:

  complaint; costs; counterclaim; date; withdrawal of decision;
  

  
  
  

• Judgment 1532

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "Claim 8 is to costs. Again the Tribunal reminds [the complainant], in view of the intemperate language of his submissions, that he owes a duty of respect to the Organization and to its staff. Because he has failed in that duty the Tribunal disallows his claim to costs, even though one of his claims succeeds."

  Keywords:

  claim; complaint; conduct; costs; freedom of speech; limits; no award of costs; organisation's reputation; staff member's duties;
  

  
  
  

• Judgment 1523

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Although the Tribunal will make no award of damages for the delay in sending the case back, the complainant is entitled to costs because he had to come to the Tribunal to apply for execution."

  Keywords:

  application for execution; costs; judgment of the tribunal;
  

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