Judgment No. 220
Decision
1. THE INTERVENTIONS OF MR. ARMSPACH AND MR. CHARBONNIERAS AND OF MISS MARTIN ARE RECEIVABLE. THE OTHER INTERVENTIONS ARE NOT RECEIVABLE.
2. THE DECISION OF THE DIRECTOR-GENERAL OF THE INTERNATIONAL PATENT INSTITUTE DATED 28 JULY 1972 IS QUASHED INSOFAR AS IT AFFECTS THE COMPLAINANT AND THE RECOGNISED INTERVENERS. THE DECISION OF 31 OCTOBER 1972 IS QUASHED.
3. THE REMAINING CLAIMS IN THE COMPLAINT ARE DISMISSED.
Considerations
Extract:
Under certain conditions, officials may have a portion of their remuneration transferred. The exchange regulations lie within the discretion of the Director-General. The competence of the Tribunal to review "the legality of the decisions taken by the Director-General within his discretionary powers is restricted".
Keywords
salary; exchange rate; judicial review; discretion
Considerations
Extract:
The decision is one the complainant impugns insofar as it "affects him as a French national". Staff members of French nationality whose interests are identical, "accordingly have an interest in intervening [...] Their intervention is therefore receivable. Staff members [...] of Belgian and Luxembourg nationality, who are subject to different national laws and regulations, have not the same interests as [the complainant], and accordingly their intervention is not receivable."
Keywords
nationality; intervention; receivability of the complaint; cause of action
Considerations
Extract:
The complainant had never availed himself of the opportunity which was available to him under a former provision to transfer part of his remuneration. Yet "[...] he had a direct and personal interest in seeking the quashing of a decision which deprived him of that possibility."
Keywords
decision; injury; receivability of the complaint; cause of action; administrative instruction; staff regulations and rules; amendment to the rules; provision
Considerations
Extract:
The material provision conferred a right on staff members which could only be withdrawn when circumstances, such as changes in the exchange regulations, require. The regulations introduced by the French government forced the organisation to obtain a supply of financial francs, which it could do without great difficulty. In refusing to allow officials of French nationality the benefit of the former provision, the Director-General misconstrued the meaning and scope of the provision and violated the principle of equal treatment. The decisions impugned shall be set aside.
Keywords
nationality; equal treatment; organisation's duties; salary
Considerations
Extract:
"[T]he competence of the Tribunal to review the legality of the decisions taken by the Director-General within his discretionary powers is restricted to ascertaining whether the decision impugned is based on incorrect facts or an error of law and whether it constitutes a misuse of authority."
Keywords
decision; judicial review; discretion; executive head
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