Application for interpretation (6,-666)
You searched for:
Keywords: Application for interpretation
Total judgments found: 54
< previous | 1, 2, 3 | next >
Judgment 3896
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation of Judgment 3785.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3785
Keywords:
application for interpretation; complaint dismissed;
Judgment 3895
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation and execution of Judgment 3694.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3694
Keywords:
application for execution; application for interpretation; complaint dismissed;
Consideration 5
Extract:
With respect to the remaining requested clarifications, b) to e) [...], the Tribunal finds that they are not requests for interpretation of the judgment, but are instead essentially requests for advice. Specifically, the complainant asks about the lawfulness of the new norms and if their applicability to his appeal adheres to the principles of international civil service law. These requests for advice are beyond the Tribunal’s competence.
Keywords:
application for interpretation; competence of tribunal;
Judgment 3822
124th Session, 2017
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation and execution of Judgment 3507.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3507
Keywords:
application for execution; application for interpretation; complaint allowed;
Judgment 3821
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation and execution of Judgment 3491.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3491
Keywords:
application for execution; application for interpretation; complaint dismissed;
Judgment 3820
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation and execution of Judgment 3490.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3490
Keywords:
application for execution; application for interpretation; complaint dismissed;
Judgment 3731
123rd Session, 2017
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed an application for interpretation and execution of Judgment 3235.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3235
Keywords:
application for execution; application for interpretation; complaint allowed;
Judgment 3635
122nd Session, 2016
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants have filed applications for execution of Judgment 3238.
Consideration 4
Extract:
The Tribunal recalls that its judgments, which according to Article VI of its Statute are “final and without appeal” and which also carry res judicata authority, are immediately operative (see, for example, Judgments 3003, under 12, and 3152, under 11). As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. They may form the subject of an application for interpretation by the Tribunal only if a party considers that the decision is deficient or insufficiently clear (see, for example, Judgments 1887, under 8, and 3394, under 9).
Reference(s)
ILOAT Judgment(s): 1887, 3003, 3152, 3394
Keywords:
application for execution; application for interpretation;
Judgment 3566
121st Session, 2016
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 3239.
Consideration 14
Extract:
"[T]he complainant, who has a duty to cooperate in good faith in the execution of the judgment in question, could not, as she did, refuse to provide the CDE with the information and supporting documents that she was asked to produce (see Judgment 2684, under 6).
If she wished to challenge the validity of this request, she had only to lodge an application for interpretation of [the] Judgment [...] with the Tribunal, which she did not do either."
Reference(s)
ILOAT Judgment(s): 2684
Keywords:
application for interpretation; execution of judgment; good faith;
Consideration 11
Extract:
"[I]f the CDE wished, despite the Registrar’s informal opinion that it had obtained on this matter, to continue in the belief that it was entitled to deduct the nine months of salary in question from the damages owed to the complainant, clearly it should have filed an application for interpretation [...] with the Tribunal, which it did not."
Keywords:
application for interpretation;
Consideration 6
Extract:
"The Tribunal recalls that its judgments, which, according to Article VI of its Statute, are “final and without appeal” and which also have res judicata authority, are immediately operative (see, for example, Judgments 3003, under 12, and 3152, under 11). As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. They may form the subject of an application for interpretation by the Tribunal only if a party considers that the decision is deficient or insufficiently clear (see, for example, Judgments 1887, under 8, and 3394, under 9)."
Reference(s)
ILOAT Judgment(s): 1887, 3003, 3152, 3394
Keywords:
application for interpretation; execution of judgment;
Judgment 3564
121st Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The ILO filed an application for interpretation of Judgment 3157.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3157
Keywords:
application for interpretation; complaint dismissed;
Consideration 1
Extract:
An application for interpretation can only be filed for the purpose of clarifying the decision contained in a judgment or the grounds therefor if the decision refers to them explicitly, in which case they must be seen as part of the latter (see Judgment 2483, under 3).
Reference(s)
ILOAT Judgment(s): 2483
Keywords:
application for interpretation;
Judgment 3394
119th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.
Consideration 9
Extract:
The Tribunal’s judgments carry the authority of res judicata and must be executed by the parties as ruled. They may not be called into question except when an application for review is allowed. They may form the subject of an application for interpretation by the Tribunal only if one party considers that the ruling is deficient or insufficiently clear (see Judgment 1887, under 8).
Reference(s)
ILOAT Judgment(s): 1887
Keywords:
application for interpretation; res judicata;
Judgment 3392
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal summarily dismissed the applications for interpretation and for review.
Judgment keywords
Keywords:
application for interpretation; application for review; complaint dismissed; res judicata; summary procedure;
Consideration 7
Extract:
"The reference in the decision to the shielding of the successful candidate is not ambiguous; the Tribunal deliberately left it to the discretion of WHO as to how it should protect the candidate who had accepted the appointment in good faith. Moreover, the Tribunal notes that the complainant requests clarification of a part of the decision (i.e. the shielding of the successful candidate) that does not affect him directly. The Tribunal therefore sees no reason to interpret the judgment."
Keywords:
application for interpretation; organisation's duties;
Judgment 3271
116th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The application for interpretation of Judgment 2938 is rejected by the Tribunal, while the application for execution of the same judgment is allowed.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 2938
Keywords:
application for interpretation; compassionate leave; compensatory allowance; reckoning; reinstatement;
Judgment 3154
114th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The ITU applies for interpretation of paragraph 2 of the decision in Judgment 2958 concerning the definition of "gross salary" for the calculation of termination indemnity.
Consideration 6
Extract:
"The ordinary meaning of 'gross salary' is the full amount of a staff member’s regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."
Keywords:
amount; application for interpretation; compensation; gross salary; interpretation; judgment of the tribunal; material damages;
Judgment keywords
Keywords:
application for interpretation; complaint allowed; gross salary; terminal entitlements;
Judgment 3153
114th Session, 2013
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for interpretation and execution of Judgment 2861.
Consideration 6
Extract:
"As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."
Reference(s)
ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061
Keywords:
application for execution; application for interpretation; case law; contribution rate; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;
Judgment keywords
Keywords:
application for execution; application for interpretation; complaint dismissed; contribution rate; contributions; pension; unjspf;
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 3061
112th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
application for interpretation; complaint dismissed;
Judgment 3014
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
According to the case law, an application for interpretation is receivable only if the meaning of the judgment concerned is uncertain or ambiguous (see Judgment 1306, under 2) to such an extent that it precludes any reasonable execution of the judgment. An application for interpretation cannot be filed to obtain an opinion on a legal issue, to obtain a reply from the Tribunal to a question that it was not required to address in the context of the judgment to which the application relates, or to circumvent an internal procedure in which disputes regarding the execution of the judgment could be resolved in accordance with the adversarial principle.
Reference(s)
ILOAT Judgment(s): 1306
Keywords:
adversarial proceedings; application for interpretation;
Judgment 3003
111th Session, 2011
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
[A]pplications for review, for interpretation or for execution are [...] essentially intended to bring the Tribunal to complete the disposal of a case on which it has already adjudicated [...]. [A]n application for interpretation [...] seeks to dispel any uncertainty or ambiguity affecting the judgment for the very purpose of enabling the organisation to act upon it [and] tend[s] to bring about execution of the judicial decision in question. The possibility of such [an] applicatio[n] is therefore perfectly consistent with the case law [...], according to which organisations have a duty to apply the Tribunal’s judgments as speedily as possible.
Keywords:
application for interpretation;
Judgment 2806
106th Session, 2009
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 2575, the Tribunal annulled a decision to transfer the complainant from Vienna to Berlin. No action was taken to return him to Vienna. Instead, on 13 February 2007, the IOM informed him that he was to be transferred to Berlin with immediate effect. In Judgment 2691, the Tribunal declared that the decision of 13 February 2007 was "null and void ab initio".
"Like all judicial bodies, the Tribunal has inherent jurisdiction and power to take action to ensure that its judgments are implemented. That power may be exercised in any proceedings where a question is raised with respect to the implementation of a judgment. Accordingly, an order will be made for a penalty to be paid in the event that [the complainant] is not posted to Vienna within 30 days."
Reference(s)
ILOAT Judgment(s): 2575, 2691
Keywords:
application for interpretation; application for review; continuing breach; delay; execution of judgment; general principle; judgment of the tribunal; judicial review; organisation's duties; res judicata; time limit;
Judgment 2483
100th Session, 2006
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The purpose of [an] application [for interpretation] cannot be to shed light on grounds of a ruling which are alleged to be unclear or contradictory. [The application for interpretation] must concern only the decision itself. It may, however, additionally concern the grounds of the ruling if the decision refers to them explicitly, in which case they must be seen as part of the latter."
Keywords:
application for interpretation; definition; grounds; judgment of the tribunal;
< previous | 1, 2, 3 | next >
|
