Judgment No. 3260
The complaint is dismissed.
After divorce proceedings with serious financial consequences, the complainant challenges the refusal to refer to the General Council of the WTO the issue of compatibility between the judgment of the Swiss Federal Court against him and certain provisions of the Headquarters Agreement and the Pension Plan Regulations.
competence of tribunal; headquarters agreement
"[T]he Tribunal is not competent to examine whether the Swiss Civil Code or the Swiss Federal Court decision violates the Headquarters Agreement and cannot entertain challenges to the decision itself. [...] However, as found in Judgment 3020, the Tribunal can consider an organisation’s application of its own provisions [...]. The Tribunal can also, as stated in Judgment 3105, under 5, consider the [organisation]’s application of the Headquarters Agreement."
competence of tribunal; vested competence; headquarters agreement; flaw