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Counterclaim (170,-666)
You searched for:
Keywords: Counterclaim
Total judgments found: 65
1, 2, 3, 4 | next >
Judgment 4846
138th Session, 2024
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a finding made in the decision not to initiate disciplinary proceedings against her.
Consideration 12
Extract:
[T]his is not a case where costs should be awarded in favour of the organisation, as it seeks, since the complaint cannot be regarded as vexatious or frivolous (see, for example, Judgment 4780, consideration 9).
Reference(s)
ILOAT Judgment(s): 4780
Keywords:
counterclaim;
Judgment 4799
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests, firstly, the decision to reassign him pursuant to the closure of his area of competence in Berlin, and to reallocate some patent files, secondly, the decision to reallocate some patent files in the context of his reassignment and, thirdly, the closure of an area of competence per se.
Consideration 11
Extract:
The counterclaims for costs filed by the Organisation in the three complaints are rejected. The Tribunal will avail itself of the possibility to condemn a complainant to costs only in exceptional situations. Indeed, 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 that kind. In the instant case, the complaints cannot be regarded as manifestly vexatious (see Judgment 4143, consideration 7).
Reference(s)
ILOAT Judgment(s): 4143
Keywords:
counterclaim;
Judgment 4798
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the closure of an area of competence in the Berlin sub-office, and her reassignment.
Consideration 12
Extract:
The counterclaim for costs filed by the Organisation regarding the fourteenth complaint is rejected. The Tribunal will avail itself of the possibility to condemn a complainant to costs only in exceptional situations. Indeed, 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 that kind. In the instant case, the complaints cannot be regarded as manifestly vexatious (see Judgment 4143, consideration 7).
Reference(s)
ILOAT Judgment(s): 4143
Keywords:
counterclaim;
Judgment 4780
137th Session, 2024
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the monthly amount deducted from her pension as contribution to her after-service health insurance in the period from May 2001 to December 2019.
Consideration 9
Extract:
With regard to the [organisation]’s counterclaim for costs, the Tribunal considers that, although the complaint was obviously misconceived and the language used by the complainant in her submissions to the Tribunal is highly inappropriate, the [organisation] has not sufficiently established that the complaint is vexatious or frivolous (see, for example, Judgments 4726, consideration 14, and 3672, consideration 6). The [organisation]’s counterclaim for costs will be dismissed.
Reference(s)
ILOAT Judgment(s): 3672, 4726
Keywords:
costs; counterclaim; frivolous complaint; vexatious complaint;
Judgment 4751
137th Session, 2024
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the ICC’s refusal to grant his request for several special post allowances.
Consideration 5
Extract:
As a counterclaim, the ICC has asked the Tribunal “to award costs against the [c]omplainant, including the costs of filing submissions”, on the grounds that he “pointlessly and wilfully initiated and prolonged a dispute, with considerable consequences for the defendant [o]rganisation’s resources in terms of the related costs”, in particular by refusing the offer of an amicable settlement.
While it follows from what has been said above that the complaint is unfounded, that does not mean that it can be considered as vexatious. Admittedly, in the present case, the organisation does not contend that the complaint is vexatious on account of its actual content but that the complainant did not have a legitimate reason for filing it since he was offered an amicable settlement. However, the Tribunal cannot take account of information concerning any negotiations – which are inherently confidential – conducted by the parties with a view to settling a dispute before it amicably (see Judgments 4457, consideration 2, and 3586, consideration 5). Hence it could not, in any event, issue orders on the basis of such information (see Judgment 4639, consideration 11).
There are therefore no grounds for granting the ICC’s counterclaim.
Reference(s)
ILOAT Judgment(s): 3586, 4457, 4639
Keywords:
amicable settlement; confidentiality; counterclaim;
Judgment 4722
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Consideration 6
Extract:
As to the EPO’s counterclaim for costs, the Tribunal is satisfied that a review of the complainant’s pleadings alone reflects a case that obviously had no possibility of success and is frivolous (see Judgment 4025, consideration 11). Accordingly, the Tribunal will order that the complainant pay the EPO the nominal amount of 100 euros in costs within sixty days of the date of the public delivery of this judgment.
Reference(s)
ILOAT Judgment(s): 4025
Keywords:
counterclaim;
Judgment 4717
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 4
Extract:
As to the EPO’s counterclaim for costs, the Tribunal is satisfied that a review of the complainant’s pleadings alone reflects a case that obviously had no possibility of success and is frivolous (see Judgment 4025, consideration 11). Accordingly, the Tribunal will order that the complainant pay the EPO the nominal amount of 100 euros in costs within sixty days of the date of the public delivery of this judgment.
Reference(s)
ILOAT Judgment(s): 4025
Keywords:
counterclaim;
Judgment 4679
136th Session, 2023
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her complaint of harassment, discrimination and abuse of authority.
Consideration 20
Extract:
The ITER Organization submits a counterclaim for costs alleging that the complainant did not have serious grounds to file her complaint, which hence was an abusive and unnecessary procedure. Since the ITER Organization initiated the investigation, it can be inferred that the ITER Organization itself had excluded that the complainant’s harassment complaint was lodged in bad faith. Thus, the present complaint cannot be viewed as having been filed in bad faith or as being frivolous or vexatious. Therefore, the counterclaim will be dismissed.
Keywords:
counterclaim;
Judgment 4639
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to convert three days of statutory leave into days of sick leave.
Consideration 11
Extract:
As a counterclaim, the EPO has asked that the complainant be ordered to pay it the sum of 100 euros as a symbolic portion of its legal costs on the grounds that the complaint is an abuse of process. However, the mere fact that the complaint has for the main part been allowed by the Tribunal precludes it from being considered open to such criticism.
Admittedly, the Organisation does not contend in the present case that the complaint is improper on account of its actual content but that the complainant did not have a legitimate reason for filing it since she was offered an amicable settlement. However, and as the EPO itself notes in its submissions when criticising the complainant for having disclosed the existence of that offer in the present proceedings, the Tribunal cannot take account of information concerning any negotiations – which are inherently confidential – conducted by the parties with a view to settling a dispute before it amicably (see Judgments 4457, consideration 2, and 3586, consideration 5). Hence it could not, in any event, issue orders on the basis of such information.
Reference(s)
ILOAT Judgment(s): 3586, 4457
Keywords:
counterclaim;
Judgment 4632
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the implied rejections of his requests for decision on the disciplinary proceedings initiated against him.
Consideration 6
Extract:
The EPO seeks to recover some of its legal costs from the complainant. Judgment 3961 [...] is relevant in two respects. Firstly, there is a discussion on when costs may be awarded against a complainant, which includes circumstances where the complaint is vexatious (see considerations 6 and 7). Secondly, the Tribunal’s reasoning should have made it clear that these complaints had no real prospects of succeeding. Judgment 3961 was delivered in public on 24 January 2018. These complaints were filed in May 2017. Had these complaints been filed after Judgment 3961 had been delivered, there would be a comparatively compelling case for requiring the complainant to pay some or all of the EPO’s legal costs of these proceedings. But they were not. Accordingly, the EPO’s counterclaim for costs is rejected.
Reference(s)
ILOAT Judgment(s): 3961
Keywords:
counterclaim;
Judgment 4606
135th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-recognition of her illness as an occupational illness and requests that her sick leave entitlements be re-credited to her.
Consideration 19
Extract:
With regard to WIPO’s counterclaim for costs, the Tribunal notes that WIPO has not justified its request. Its delay in processing the complainant’s declaration of a service-incurred illness entitled her to seek redress through internal proceedings and the proceedings before the Tribunal. WIPO’s counterclaim for costs must also be dismissed since the complaint is not vexatious nor frivolous.
Keywords:
counterclaim;
Judgment 4585
135th Session, 2023
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision made concerning the extent of his service-incurred disability, the date until which he should be paid compensation for disability, and the payment of the fees of the medical experts who examined his case.
Consideration 5
Extract:
UNIDO’s counterclaim [...], as it recognizes in its reply, concerns a decision separate from the impugned decision, thus falling outside the scope of the present case.
Keywords:
counterclaim;
Judgment 4554
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.
Consideration 9
Extract:
The EPO has asked that the complainant be ordered to pay it the sum of 100 euros in partial compensation for its own legal costs on the grounds that the complaint is an abuse of process. However, the mere fact that the complaint has been allowed by the Tribunal obviously precludes it from being considered abusive. This counterclaim will therefore be dismissed.
Keywords:
counterclaim;
Judgment 4498
134th Session, 2022
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his claim concerning a surviving spouse’s pension.
Consideration 29
Extract:
CERN argues that the complaint is an abuse of process as CERN itself had explained in a “tireless” manner the applicable legal framework to the complainant, who nevertheless continued to seek a favourable treatment on the ground of his professional achievements. CERN makes a counterclaim for costs in that respect. This counterclaim shall be dismissed as the complaint is not vexatious and frivolous.
Keywords:
counterclaim;
Judgment 4487
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.
Consideration 17
Extract:
The EPO quotes, as relevant precedent, Judgment 4025, considerations 11 and 12, in which the Tribunal allowed the counterclaim for costs in a case deemed to have “no possibility of success” and to be “clearly frivolous”. The Tribunal observes that its case law has established strict requirements for a complaint to be considered frivolous, vexatious, and repetitive. Firstly, abuse of process requires bad faith, and bad faith cannot be automatically inferred solely on the basis of the filing of a large number of complaints by a litigant (see Judgment 4025, consideration 9). Secondly, the Tribunal “may indeed award costs against the authors of frivolous, vexatious and repeated complaints which absorb its resources and those of the defendant organisations and hamper the Tribunal’s ability to deal expeditiously with other complaints. Any such award must, however, remain exceptional, since it is essential that international civil servants’ access to an independent and impartial judicial body is not impeded by the prospect of an adverse award of costs if their complaint were to prove unfounded” (see Judgments 1962, consideration 4, 3196, consideration 7, and 3568, consideration 5). The present case is not comparable to the one addressed by Judgment 4025, considerations 11 and 12. In that case, the complaint was dismissed in its entirety and was deemed clearly frivolous. In the present case, even though the complaint shall be dismissed in its entirety, the issues raised cannot be considered plainly frivolous. In addition, there is no repetition of the same complaint, because the present complaint and the thirty-first one have different objects, that is to say two different decisions issued on the same internal appeal. Furthermore, consistent with the principle stipulated in Judgment 4025, consideration 9, referring to an egregious number of complaints, the fact that the present complaint contains a number of unfounded claims and submissions does not establish bad faith on the part of the complainant.
Reference(s)
ILOAT Judgment(s): 1962, 3196, 3568, 4025
Keywords:
bad faith; counterclaim;
Judgment 4476
133rd Session, 2022
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who claims to be entitled to whistleblower status and requests the protection afforded thereby, challenges the failure to respond to his letter reporting what he considers to be unlawful by particular Court officials.
Consideration 22
Extract:
The ICC contends that the complaint is an abuse of process and therefore invites the Tribunal to “make such orders as it considers appropriate to compensate for the time and resources lost” in dealing with the case. That claim must be regarded as a counterclaim seeking an order for the complainant to pay costs. However, the mere fact that the complaint has been partially upheld prevents it from being regarded as abusive, with the result that the counterclaim cannot, in any event, be granted.
Keywords:
counterclaim;
Judgment 4417
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests instructions she received concerning patent applications.
Consideration 9
Extract:
[A]s there was no abuse of process, the EPO’s counterclaims for costs will be dismissed.
Keywords:
counterclaim;
Judgment 4389
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reimburse in full the costs he incurred in the internal appeal proceedings.
Consideration 12
Extract:
The EPO’s counterclaim for costs in the amount of 500 euros is rejected as the complaint is neither abusive nor vexatious (see, for example, Judgment 3679, consideration 20).
Reference(s)
ILOAT Judgment(s): 3679
Keywords:
costs; counterclaim;
Judgment 4371
131st Session, 2021
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks redress for the moral injury that she allegedly suffered in connection with her annual performance evaluation.
Consideration 6
Extract:
IFAD has requested the Tribunal to order the complainant to repay the sum of 5,483.38 United States dollars which, according to it, she owes due to an advance on her annual leave. However, insofar as this counterclaim is not aimed at compensating IFAD for an injury arising from the present proceedings as such, it must in any case be dismissed as irreceivable as a consequence of the dismissal of the complaint itself (for a similar case, see Judgment 4140, consideration 12).
Reference(s)
ILOAT Judgment(s): 4140
Keywords:
counterclaim;
Judgment 4291
130th Session, 2020
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the dismissal of his complaint of harassment and abuse of authority.
Consideration 20
Extract:
Considering this is a continuation of a previous judicial proceeding in which the case was remitted to the defendant for a new decision, the Tribunal does not find it appropriate to grant the UPU’s counterclaim for costs.
Keywords:
counterclaim;
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