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Judgment No. 2480

Decision

The complaint is dismissed.

Considerations 2 and 4

Extract:

The complainant takes issue with an ILO circular which concerned matrimonial property rights. It informed foreign nationals, like himself, who were married outside Switzerland with no marriage contract, that Switzerland was treating such persons as subject to the Swiss regime of joint ownership of property acquired after marriage (participation aux acquêts). He holds that by accepting such "instructions" from the Swiss Government, the Organization caused him undue financial hardship and "deep moral suffering". The Tribunal considers that the circular was "simply the transmission by the ILO to its staff members resident in Geneva of information received from the local 'Chambre des notaires'. [...] The publication by an international organisation for its staff members of purely objective information of this sort relating to local private law is manifestly not a matter falling within the Tribunal's field of competence."

Reference(s)

Organization rules reference: ILO Circular No. 451, Series 6

Keywords

material injury; moral injury; headquarters official; international civil servant; marital status; nationality; organisation; competence of tribunal; written rule; domestic law; information note; publication



 
Last updated: 05.09.2014 ^ top