Summary procedure (172, 674, 800, 117,-666)
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Keywords: Summary procedure
Total judgments found: 220
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Judgment 4200
128th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an implied decision to dismiss his appeal against the outcome of a recruitment process.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 4199
128th Session, 2019
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 4022.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4022
Keywords:
application for review; complaint dismissed; summary procedure;
Judgment 4198
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 4004.
Consideration 2
Extract:
Consistent precedent has it that a judgment of the Tribunal may be reviewed only in exceptional circumstances and on strictly limited grounds. The rationale for this was stated, for example, in Judgment 3899, consideration 3, as follows: “[P]ursuant to Article VI of its Statute, the Tribunal’s judgments are ‘final and without appeal’ and have res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated, for example, in Judgments 1178, 1507, 2059, 2158 and 2736, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3).”
Reference(s)
ILOAT reference: Article VI of the Statute ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473, 3899
Keywords:
admissible grounds for review; summary procedure;
Judgment 4133
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3956.
Judgment keywords
Keywords:
application for review; complaint dismissed; mistake of fact; summary procedure;
Judgment 4132
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3955.
Judgment keywords
Keywords:
application for review; complaint dismissed; failure to take account of material facts; summary procedure;
Judgment 4131
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the President of the Office to reject his appeal against the referral of his case to the Appeals Committee.
Judgment keywords
Keywords:
complaint dismissed; step in the procedure; summary procedure;
Judgment 4130
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3970.
Judgment keywords
Keywords:
application for review; complaint dismissed; material error; summary procedure;
Judgment 4129
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3893.
Judgment keywords
Keywords:
application for review; complaint dismissed; summary procedure;
Judgment 4128
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of the EPO who was dismissed for misconduct, requests the payment of his full salary from July 2017 onwards.
Judgment keywords
Keywords:
complaint dismissed; res judicata; summary procedure;
Judgment 4127
127th Session, 2019
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3994.
Judgment keywords
Keywords:
application for review; complaint dismissed; illness; service-incurred; summary procedure;
Judgment 4126
127th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of the ICC who had separated from service in October 2015, challenges the rejection of his harassment complaint filed in March 2018 against the President of the Staff Union Council.
Judgment keywords
Keywords:
complaint dismissed; former official; summary procedure;
Consideration 3
Extract:
The complaint is irreceivable. Although Section 4 of Administrative Instruction ICC/AI/2005/005 states that it applies to former staff members, it is firmly established in the case law that the rules governing the receivability of complaints filed with the Tribunal are established exclusively by its own Statute (see, for example, Judgment 3889, under 3). Pursuant to Article II, paragraph 5, of its Statute, the Tribunal is competent to hear complaints alleging “non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations”. In the present case, the Tribunal finds that the complainant, a former official of the ICC, does not allege any breach of his terms of appointment or of ICC Staff Rules applicable to him while he was still an ICC official. His complaint, which does not fall within the competence of the Tribunal, is therefore clearly irreceivable and must be summarily dismissed in accordance with the procedure provided for in Article 7 of the Rules of the Tribunal.
Reference(s)
ILOAT reference: Article 7 of the Rules; Article II, paragraph 5, of the Statute ILOAT Judgment(s): 3889
Keywords:
competence of tribunal; former official; ratione personae; receivability of the complaint; summary procedure;
Judgment 4125
127th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that UNESCO disclosed confidential information concerning him to the press without his authorization.
Judgment keywords
Keywords:
complaint dismissed; former official; summary procedure;
Judgment 4124
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3998.
Judgment keywords
Keywords:
application for review; complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 4123
127th Session, 2019
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who identifies himself as a former official of UNWTO, filed a complaint with the Tribunal indicating on the complaint form that he impugns the tacit rejection of a claim that he notified to UNWTO on 26 July 2018.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4056
126th Session, 2018
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was summarily dismissed by IOM, impugns a decision of the Regional Director concerning her request for review, which he considered time-barred.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4055
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his request for the payment of an education allowance for his daughter.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4054
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss her appeal against the decision to terminate her assignment to the position of Senior Evaluation Officer.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 3981
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Administrative Council’s decision to forward to the President of the Office his request for review of two decisions of the Council concerning the new career system.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3980
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that his request for review of a decision of the Administrative Council has been implicitly rejected.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3979
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Administrative Council’s decision to forward to the President of the Office his request for review of two decisions of the Council concerning the new career system.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
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