Judgment No. 1258

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 14.07.1993
• Original: English
• Judges: Fernando, Ruda, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE LABORATORY SHALL PAY THE COMPLAINANT COMPENSATION FOR ACCRUED ANNUAL LEAVE IN ACCORDANCE WITH 9 ABOVE.
2. IT SHALL PAY HER FAMILY ALLOWANCE IN ACCORDANCE WITH THE STAFF REGULATIONS ON HER PRODUCTION OF THE PROPER DOCUMENTS.
3. IT SHALL PAY HER 1,000 DEUTSCHMARKS IN COSTS.
4. HER OTHER CLAIMS ARE DISMISSED.

Consideration 4

Extract:

EMBL submits that only if the complainant withdraws a suit she filed with a national court will her complaint be receivable and that only the withdrawal of that suit will show that she acknowledges the Tribunal's competence. "The Tribunal is competent to entertain her claims under paragraphs 5 and 6 of Article II of its Statute; she has observed the time limits; and her complaint is receivable. It is for the [national] labour court [...] to rule on its own competence."

Reference(s)

ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE

Keywords

complaint; receivability of the complaint; competence of tribunal; municipal court; iloat statute