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Judgment No. 2632

Decision

The complaints are dismissed, as are the applications to intervene.

Consideration 10

Extract:

"[A]s the Tribunal stated in Judgment 1712, under 10, recalling a firm precedent, 'there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position.'"

Reference(s)

Jugement(s) TAOIT: 1712

Keywords

injury; complainant; cause of action; period; condition; consequence; effect

Consideration 13

Extract:

"[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."

Reference(s)

Jugement(s) TAOIT: 2089

Keywords

injury; formal requirements; acquired right; organisation's duties; practice; amendment to the rules; breach; enforcement; terms of appointment; salary; adjustment; cost-of-living weighting; pension; pension entitlements; pension adjustment system; discretion; condition



 
Dernière mise à jour: 17.08.2020 ^ haut