Judgment No. 1800

• Organization: World Intellectual Property Organization (WIPO)
• Date: 28.01.1999
• Original: Français
• Judges: Ba, Gentot, Egli
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaints are dismissed.

CONSIDERATION 8

Extract:

"THE COMPLAINANTS' [...] PLEA IS THAT THE SOLE PURPOSE OF THE CHANGE IN THE RULES ON THE [POST ADJUSTMENT] INDEX [DECIDED BY THE ICSC] WAS TO SAVE MONEY. THE TRIBUNAL NEED ONLY QUOTE THE REPLY IT GAVE TO THAT ARGUMENT IN JUDGMENT 1776: 'IF THE NEW METHOD IS LAWFUL THE FACT THAT APPLYING IT SAVES MEMBER STATES MONEY CANNOT IN ITSELF BE A FLAW.' AND THE EVIDENCE SUGGESTS NO MISUSE OF AUTHORITY BY THE [ICSC], WHICH, AGAINST THE ODDS, TRIES TO FIND FROM TIME TO TIME OBJECTIVE CRITERIA FOR RECKONING POST ADJUSTMENT THROUGHOUT THE COMMON SYSTEM."

Reference(s)

Jugement(s) TAOIT: 1776

Keywords

icsc decision; international civil servant; case law; member state; amendment; reckoning; salary; post adjustment; budgetary reasons; misuse of authority; right; same