Last instance (106,-666)

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Keywords: Last instance
Total judgments found: 3

• 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; judicial review; last instance; no provision; official; procedure before the tribunal; recommendation; right; settlement out of court; staff regulations and rules; vested competence;
  

  
  
  

• Judgment 872

  
  63rd Session, 1987
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "A decision by a national court cannot be binding on the Tribunal, which is the body of final instance competent to interpret the Staff Rules as an issue of law."

  Keywords:

  competence of tribunal; consequence; iloat; interpretation; judgment of the tribunal; last instance; municipal court; staff regulations and rules;
  

  
  
  

• Judgment 171

  
  25th Session, 1970
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "[A]ccording to Article VI of the Statute, "the Tribunal shall take decisions by a majority vote; judgments shall be final and without appeal." Accordingly, if [the complainant] is requesting the Tribunal to quash its earlier judgments nos. 142 and 151 [...] his claims are irreceivable."

  Reference(s)

  ILOAT reference: ARTICLE VI OF THE STATUTE
  ILOAT Judgment(s): 142, 151
  

  Keywords:

  application for quashing; finality of judgment; iloat statute; judgment of the tribunal; last instance; receivability of the complaint;