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Vested competence (105,-666)

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Keywords: Vested competence
Total judgments found: 22

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  • Judgment 3260


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: 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.

    Considerations 19 and 20

    Extract:

    "[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 organisationís application of its own provisions [...]. The Tribunal can also, as stated in Judgment 3105, under 5, consider the [organisation]ís application of the Headquarters Agreement."

    Keywords:

    competence of tribunal; flaw; headquarters agreement; vested competence;



  • Judgment 3115


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."

    Reference(s)

    ILOAT reference: Article II of the Statute of the Tribunal

    Keywords:

    breach; competence of tribunal; complaint; condition; contract; exception; iloat statute; international civil servant; organisation's reputation; provision; right; safeguard; staff member's duties; staff member's interest; staff regulations and rules; supervisor; vested competence; written rule;



  • Judgment 3105


    113th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As the revised Seat Agreement is an international agreement, [...] the Tribunal does not have jurisdiction to examine in any way its validity. [However] the Tribunal does have jurisdiction to consider the correctness of the application of a provision of the revised Seat Agreement".

    Keywords:

    competence of tribunal; flaw; headquarters agreement; international instrument; provision; vested competence;



  • Judgment 2915


    109th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The fact that the Director General did not sign the letter [informing the complainant that her request was denied] does not mean that he did not take the relevant decision. The signing of the letter by the Director of [the Human Resources Management Department] is consistent with normal personnel practice. Moreover, the presumption of regularity applies in the absence of cogent evidence to the contrary."

    Keywords:

    competence; complaint allowed; complaint allowed in part; evidence; executive head; formal requirements; practice; staff regulations and rules; vested competence;



  • Judgment 2742


    105th Session, 2008
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 44

    Extract:

    "The Tribunal issues binding orders, not recommendations as sought by the complainant. Additionally, the Tribunal has no power to order a party to apologise."

    Keywords:

    claim; competence of tribunal; complaint allowed; complaint allowed in part; receivability of the complaint; recommendation; vested competence;



  • Judgment 2720


    105th Session, 2008
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant alleges that the ITU, in its letter to the journalist, made "scandalous" attacks on the Tribunal. "The Tribunal will not respond to the arguments presented in the complaint regarding prejudice that it allegedly suffered itself as a result of the circulation of the disputed message. The issue raised in this regard, which has no direct bearing on the dispute between the complainant and the ITU regarding compliance with obligations arising from their contractual relationship, falls outside the Tribunal's jurisdiction, as restrictively defined in Article II of its Statute. Furthermore, the Tribunal could not rule on such arguments without breaching its duty of impartiality."

    Reference(s)

    ILOAT reference: Article II of the Statute of the Tribunal

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; iloat statute; injury; lack of injury; organisation's duties; staff member's duties; vested competence;



  • Judgment 2657


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
    It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."

    Reference(s)

    ILOAT reference: Article II of the Statute of the Tribunal
    ILOAT Judgment(s): 67, 339, 621

    Keywords:

    appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;



  • Judgment 2649


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."

    Reference(s)

    ILOAT Judgment(s): 1147, 1897

    Keywords:

    breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; international civil servant; locus standi; no provision; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; same; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;



  • Judgment 2623


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[T]he Tribunal has no authority to issue interim injunctions against organisations that have accepted its jurisdiction."

    Keywords:

    competence of tribunal; declaration of recognition; iloat statute; judicial review; organisation; vested competence;



  • Judgment 2376


    98th Session, 2005
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's contract was not renewed. He later reached a settlement agreement with the ILO which stated that the decision not to renew his contract would have no consequence on any future application submitted by him. He alleges a breach of the terms of the settlement agreement. "[T]he settlement, concluded well after the complainant's loss of his position as a staff member, was not a term or condition of his appointment, nor did it form part of the Staff Regulations. The Statute [of the Tribunal], in Article II(4), requires that where the dispute relates to an agreement outside the terms of employment of a staff member, the agreement must contain a provision giving the Tribunal competence over disputes with regard to its execution so that the Tribunal can hear such a dispute. There is none. The complaint is [therefore] irreceivable."

    Reference(s)

    ILOAT reference: Article II, paragraph 4, of the Statute of the Tribunal

    Keywords:

    breach; candidate; competence of tribunal; consequence; contract; date; iloat statute; international civil servant; non-renewal of contract; post; provision; receivability of the complaint; staff regulations and rules; status of complainant; vested competence;



  • Judgment 2361


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[T]he Tribunal, in keeping with consistent precedent, may not replace the findings of medical boards with its own. But it does have full competence to say whether there was due process and whether the reports used as a basis for administrative decisions show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence (see Judgment 1284, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1284

    Keywords:

    case law; competence of tribunal; complaint allowed; decision; disregard of essential fact; iloat; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedure; report; vested competence;



  • Judgment 2350


    97th Session, 2004
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant seeks the revision of certain rules and policies. EFTA submits that such a claim is irreceivable. "In this it is clearly correct. Relevantly, the Tribunal is competent only to hear complaints with respect to the non-observance of the terms of appointment or the provisions of EFTA's Staff Regulations and Rules."

    Keywords:

    amendment to the rules; breach; claim; competence of tribunal; complaint; iloat statute; provision; receivability of the complaint; staff regulations and rules; terms of appointment; vested competence;



  • Judgment 2312


    96th Session, 2004
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [EMBL] Staff Rules and Regulations do not provide an internal appeal mechanism for a person in the complainant's position. The Tribunal has frequently commented on the desirability and utility of internal appeal procedures which not only make the Tribunal's task easier but also substantially reduce its workload by bringing a satisfactory and less expensive resolution to many disputes at an earlier stage. In any case, the Tribunal remains the ultimate arbiter of the rights of international civil servants and it can, and will, exercise its jurisdiction in appropriate cases."

    Keywords:

    competence of tribunal; iloat; internal appeal; international civil servant; judicial review; last instance; no provision; procedure; recommendation; right; settlement out of court; staff regulations and rules; vested competence;



  • Judgment 1542


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "This complaint, which seeks the grant of staff union facilities [...], does concern the exercise of the freedom of association that Article 30 of the Service Regulations guarantees. So the Tribunal is competent ratione materiae under Article II(5) and (6)(a) of its Statute, whereby it is open to any official - even one whose employment has ceased - who alleges breach in substance or in form of the Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE II (5) AND (6)(A) OF THE TRIBUNAL'S STATUTE
    Organization rules reference: ARTICLE 30 OF THE EPO SERVICE REGULATIONS

    Keywords:

    competence of tribunal; complainant; complaint; facilities; freedom of association; iloat statute; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union; staff union activity; status of complainant; vested competence;



  • Judgment 1192


    73rd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    One of the complainants "asks the Tribunal to 'admonish/censure the concerned staff officers of WHO' for a behaviour he describes and reproves. Such claims betray an utter misconception of the Tribunal's competence: suffice it to observe that the Tribunal will not declare what policies an organisation should adopt in future or hand out reprimands."

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; judicial review; tribunal; vested competence;



  • Judgment 967


    66th Session, 1989
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    "the choice of the tribunal as the forum in cases in which it would not otherwise have jurisdiction is a term which by its very nature may not be implied but must be expressly agreed between the parties." in accordance with article ii paragraph 4 of the statute of the tribunal, the organisation is correct in holding that the choice of forum must be an express term of the contract.

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 4 OF THE ILOAT STATUTE

    Keywords:

    competence of tribunal; contract; vested competence;



  • Judgment 646


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the tribunal has such competence as is conferred on it by article ii of its statute. decisions under article xii and the annex [on submissions to the international court of justice for advisory opinion] fall outside the scope of its competence. in fact, although article ii, paragraph 7, empowers the tribunal to rule on its own competence, its ruling is subject to the right of the governing body of an international organisation to seek review if it believes that the tribunal has exceeded its jurisdiction or committed a fundamental error of procedure."

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 7 AND ARTICLE XII OF THE ILOAT STATUTE; ANNEX TO THE ILOAT STATUTE

    Keywords:

    advisory opinion; competence; competence of tribunal; executive body; icj; iloat statute; request by a party; vested competence;



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "according to article ii of its statute the tribunal may hear complaints alleging non-observance of the official's terms of appointment or of the staff regulations. having only such competence as is conferred upon it, it may not entertain matters out with the ambit of that article. it is therefore not competent to invite the fao council to address the international court of justice."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE ILOAT STATUTE

    Keywords:

    advisory opinion; competence of tribunal; executive body; icj; request by a party; vested competence;



  • Judgment 605


    52nd Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the tribunal has only such competence as is conferred on it, and this is confined to complaints alleging non-observance of the terms of appointment or staff regulations. the staff member does not have to rely on a particular clause of his contract, the regulations or any subsidiary text. when he is seeking enforcement of a right he claims as an international civil servant and his claim rests on a breach of that right by the organisation in his status as a staff member, ... the tribunal [is empowered] to entertain it."

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPHE 5 DU STATUT DU TAOIT

    Keywords:

    breach; competence of tribunal; international civil servant; right; vested competence;



  • Judgment 433


    45th Session, 1980
    Latin American Institute for Educational Communication
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the institute which formerly employed the complainant was founded with support from unesco. it does not recognise the jurisdiction of the tribunal. the institute cannot thus be considered part of unesco, which has done no more than lend it financial support and co-operation in its work. the tribunal will not hear any complaint filed against the institute. the complaint is likewise irreceivable insofar as it is brought against unesco.

    Keywords:

    competence of tribunal; vested competence;

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Last updated: 12.08.2019 ^ top