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Judgment No. 70

Decision

THE COMPLAINT IS DISMISSED.

Consideration II (2)

Extract:

Under the applicable provisions, "the privileges and immunities of officials of [the organisation] are granted solely in the interests of the organisation. Consequently, not only have officials no right to the maintenance thereof, but, moreover, the Director-General is obliged to waive an official's immunity if such immunity impedes the normal course of justice and if waiving it does not prejudice the interests of the organisation."

Keywords

privileges and immunities; waiver of immunity; organisation's interest; condition; purpose

Consideration I

Extract:

The Tribunal refers to the competence established by Article II, paragraph 1, of its Statute. "Consequently, in as far as [the complainant] submits that, in the decisions impugned [...] the Director-General has infringed various provisions of the Staff Regulations, and insofar as he prays, on account of these infringements, for the quashing of these decisions and for the organisation to be ordered to pay him compensation, the Administrative Tribunal is competent to hear his complaint."

Reference(s)

ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE

Keywords

competence of tribunal; staff regulations and rules; breach; provision

Consideration II (3)

Extract:

General principle concerning the rights of the international civil service: it is the duty of the organisation to protect and assist its officials in the performance of their functions or in connection therewith (cf. International Court of Justice: reparation for injuries suffered in the service of the United Nations; Advisory Opinion, I.C.J. reports, 1949, page 174).

Keywords

icj; injury; international civil service principles; organisation's duties; compensation; advisory opinion of icj

Consideration II (2)

Extract:

"The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."

Keywords

complaint; organisation; receivability of the complaint; competence of tribunal; member state; privileges and immunities; waiver of immunity; judicial review; discretion



 
Dernière mise à jour: 07.04.2020 ^ haut