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Judgment No. 15

Decision

THE TRIBUNAL DECLARES THAT THE ORDERS MADE IN DECEMBER 1953 AND MARCH 1954 ARE DISTINCT AND MUST BE THE SUBJECT OF SEPARATE APPEALS PROCEDURES; DECLARES THE COMPLAINT RECEIVABLE AND FOUNDED INSOFAR AS IT RELATES TO THE ORDER OF 3 DECEMBER 1953; QUASHES THE DECISIONS; DECLARES THAT THE STATUTORY TIME LIMIT OF FIFTEEN DAYS FOR FILING AN APPEAL RUNS FROM THE DATE OF THIS JUDGMENT; 300 DOLLARS IN COSTS; PAYMENT OF EXPENSES UP TO 100 DOLLARS TO THE DECLARANT.

Consideration

Extract:

The Director-General ordered an official to appear before the judicial authorities of the country of which he was a national "this order obviously does not concern the actual service of the international organisation [...]. The latter must enjoy the full sovereignty of its authority and must not be to any extent subject to external influence emanating from one of its states members; [...] in this respect most strict and clear provisions guarantee its complete independence and that of its officials."

Keywords

complaint allowed; international civil servant; organisation; independence; member state; municipal court

Considerations

Extract:

"The time limit of 15 days statutorily granted to the complainant to file an appeal against [the decision in question] is re-opened as from the date of the present judgment."

Keywords

internal appeal; time limit; new time limit; judgment of the tribunal; case sent back to organisation

Considerations

Extract:

It does not follow from the Staff Regulations that the conduct of an official with regard to the government of his country is entirely outside the control of the disciplinary authority of the organisation; "on the contrary this is the case when that conduct is judged to be seriously likely to affect the dignity of the official and the prestige of the organisation to which he belongs - a point of fact of which the appreciation will vary according to the circumstances of each case."

Keywords

international civil servant; organisation; independence; member state; conduct

Decision

Extract:

"The statement cannot give rise to the granting of damages [...]. The fact that it is received cannot entail any consequence other than the granting of expenses incurred in connection with the statement."

Keywords

intervention; costs



 
Last updated: 22.03.2017 ^ top