European Convention on Human Rights (732,-666)

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Keywords: European Convention on Human Rights
Total judgments found: 3

• Judgment 4493

  
  133rd Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to award him moral damages for the length of the internal appeal procedure.

  Consideration 10

  Extract:

  With regard to the complainant’s reference to the case law of the European Court of Human Rights, it has to be recalled that this Tribunal is not bound by the case law of other international or regional courts (see Judgments 3138, consideration 7, and 4363, consideration 12). The Tribunal also held in Judgment 3815 that “the [European] Convention [on Human Rights] is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs” (see Judgment 3815, consideration 3, and Judgments 2236, consideration 11, 2611, consideration 8, and 2662, consideration 12). Therefore, the reference by the complainant to the case law of the European Court of Human Rights should not be applied in the present case.

  Reference(s)

  ILOAT Judgment(s): 2236, 2611, 2662, 3138, 3815, 4363
  

  Keywords:

  applicable law; european convention on human rights;
  

  
  
  

• Judgment 3867

  
  124th Session, 2017
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the WTO’s decision not to conduct an inquiry into his allegations of harassment.

  Consideration 2

  Extract:

  In the course of the proceedings, the complainant requested hearings, particularly with a view to obtaining the testimony of various witnesses.
  Contrary to what the complainant states in his rejoinder, the Tribunal is not bound to allow such a request. Article V of the Tribunal’s Statute clearly authorises it to agree or decline to hold oral proceedings. It is therefore open to the Tribunal, if it considers it appropriate, to dismiss a request for such proceedings (see, in particular, Judgments 3779, under 3, and 3780, under 3).
  The complainant’s contention that the Tribunal’s freedom to choose not to hold oral proceedings violates the European Convention on Human Rights is irrelevant. Indeed, apart from the fact that this contention appears unfounded, the Convention is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs (see, for example, Judgments 2236, under 11, 2611, under 8, or 2662, under 12).
  In the present case, in view of the extensive and detailed submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the issues raised by the case and does not therefore deem it necessary to hold oral proceedings.

  Reference(s)

  ILOAT reference: Article V of the Statute
  ILOAT Judgment(s): 2236, 2611, 2662, 3779, 3780
  

  Keywords:

  european convention on human rights; oral proceedings;
  

  
  
  

• Judgment 3815

  
  124th Session, 2017
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant has filed an application for review of Judgment 3486.

  Consideration 3

  Extract:

  Article V of its Statute clearly permits the Tribunal to agree or decline to hold oral proceedings. It is therefore open to the Tribunal, if it considers it appropriate, to dismiss a request for oral proceedings (see, inter alia, Judgments 3779, under 3, and 3780, under 3).
  The complainant’s contention that the Tribunal’s prerogative not to hold oral proceedings violates the European Convention on Human Rights is irrelevant. Apart from the fact that this contention appears unfounded, the Convention is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs (see, for example, Judgments 2236, under 11, 2611, under 8, or 2662, under 12).
  In the present case, in view of the extensive and detailed submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the issues raised by this application for review and does not therefore deem it necessary to hold oral proceedings.

  Reference(s)

  ILOAT reference: Article V of the Statute
  ILOAT Judgment(s): 2236, 2611, 2662, 3779, 3780
  

  Keywords:

  european convention on human rights; oral proceedings;