ANALOGY

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Keywords: ANALOGY
Total judgments found: 11

• Judgment 2549

  
  101st session, 2006
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 10, 11 and 13

  Extract:

  The complainant, a Danish national, was employed by the ILO from 3 January 2002 to 2 January 2005. She had entered into a registered partnership with her same-sex partner. On taking up her functions, she submitted a Certificate of Registered Partnership drawn up in accordance with the Danish Act on registered partnership and asked to be granted dependency benefits, designating her partner as her spouse. Her request was rejected. The Office stated that it was "in a position to recognise same-sex marriages immediately where the legislation of the country of the staff member's nationality recognises such marriages." It has in fact recently recognised such same-sex marriages where the national legislation defines same-sex marriages as spousal relationships.
  "The question is whether the broad interpretation of the term 'spouse' already given by the Office in the case of a marriage recognised by the legislation of the country of the staff member's nationality should have been extended to unions between same-sex partners which are not expressly designated as marriages under the national law of the staff member concerned. The Tribunal feels that a purely nominalistic approach to this issue would be excessively formalistic and is inappropriate in view of the fact that the situation varies from one country to another and that great care must be taken not to treat officials placed in comparable situations unequally: it is not because a country has opted for legislation that admits same-sex unions while refusing to describe them as marriages that officials who are nationals of that State should necessarily be denied certain rights. As pointed out in Judgment 1715 [...], there may be situations in which the status of spouse can be recognised in the absence of a marriage, provided that the staff member concerned can show the precise provisions of local law on which he or she relies. It is therefore necessary to determine whether in the present case the provisions of Danish law enable the complainant and her partner to be considered as 'spouses' in the meaning of the applicable regulations."
  After having examined the provisions of the Danish Act on registered partnership, the Tribunal finds that "the Director-General was wrong [...] to refuse to recognise the status of spouse for the complainant's partner [and orders] the ILO [to] give full effect to this ruling by granting the complainant the benefits denied to her during the time of her employment".

  Reference(s)

  ILOAT Judgment(s): 1715
  

  Keywords:

  analogy; applicable law; burden of proof; complaint allowed; condition; consequence; contract; declaration of recognition; definition; dependant; difference; domestic law; equal treatment; exception; executive head; family allowance; international civil servant; interpretation; judicial review; marital status; member state; nationality; provision; refusal; request; right; same; same-sex marriage; social benefit; status of complainant;
  

  
  
  

• Judgment 2129

  
  93rd session, 2002
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 13

  Extract:

  "THE COMPLAINANTS [STATE] THAT, ACCORDING TO THE TRIBUNAL'S CASE LAW (SEE JUDGMENT 1821, FOR EXAMPLE), ADJUSTMENTS TO INTERNATIONAL CIVIL SERVANTS' SALARIES MUST SATISFY OBJECTIVE CRITERIA OF STABILITY, FORESEEABILITY AND TRANSPARENCY. THE TRIBUNAL CONSIDERS THAT THIS LINE OF PRECEDENT - CONCERNING THE DETERMINATION OF STAFF SALARIES, WHICH IS NECESSARILY GOVERNED BY VERY STRICT RULES - IS NOT ENTIRELY APPLICABLE TO THE DETERMINATION OF ALLOWANCES GRANTED FOR A SPECIFIC PURPOSE, SUCH AS THAT OF COVERING EXPENSES INCURRED BY STAFF MEMBERS ON TRAVEL STATUS. EVEN IF IT CLAIMS TO BE ACTING IN THE EXERCISE OF ITS DISCRETION, AND ALTHOUGH THE LEGAL FRAMEWORK SURROUNDING ITS ACTION REMAINS VAGUE OR NON-EXISTENT, THE ADMINISTRATION MUST BASE ITS DECISIONS ON OBJECTIVE CONSIDERATIONS AND AVOID BREACHING ANY OF THE GUARANTEES PROTECTING THE INDEPENDENCE OF INTERNATIONAL CIVIL SERVANTS."

  Reference(s)

  ILOAT Judgment(s): 1821
  

  Keywords:

  adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; international civil servant; no provision; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;
  

  
  
  

• Judgment 2018

  
  90th session, 2001
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 8

  Extract:

  THE COMPLAINANT'S APPOINTMENT WAS NOT CONFIRMED AFTER A PROBATIONARY PERIOD AND HIS EMPLOYMENT WAS TERMINATED BEFORE THE EXPIRY OF HIS FIXED-TERM CONTRACT. "THE TRIBUNAL FINDS THAT THE STAFF REGULATIONS, RULES AND ADMINISTRATIVE DIRECTIVES IN FORCE AT THE TIME DO NOT CONTAIN SPECIFIC PROVISIONS FOR THE NON-CONFIRMATION OF FIXED-TERM APPOINTMENTS DURING OR AT THE END OF A PROBATIONARY PERIOD. THE PROVISIONS RELATING TO THE TERMINATION OF FIXED-TERM APPOINTMENTS WITHOUT PROBATIONARY PERIODS THEREFORE APPLY."

  Keywords:

  administrative instruction; analogy; applicable law; complaint allowed in part; confirmation of appointment; contract; fixed-term; no provision; probation; refusal; staff regulations and rules; termination; written rule;
  

  
  
  

• Judgment 1123

  
  71st session, 1991
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 8

  Extract:

  "ARTICLE 65, WHICH MERELY CITES EXAMPLES OF CIRCUMSTANCES WARRANTING ADJUSTMENT IN PAY, IS NOT EXHAUSTIVE. THERE MAY BE ADJUSTMENT FOR OTHER REASONS, WHETHER THEY BE PECULIAR TO THE ORGANISATION OR ATTRIBUTABLE TO OUTSIDE FACTORS." IN THE INSTANT CASE THE REASONS EUROCONTROL GAVE COME WITHIN THE AMBIT OF THE PROVISION.

  Reference(s)

  Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
  
  

  Keywords:

  adjustment; analogy; criteria; enforcement; grounds; provision; salary; staff regulations and rules;
  

  
  
  

• Judgment 1118

  
  71st session, 1991
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 19

  Extract:

  VIDE JUDGMENT 1123, CONSIDERATION 8.

  Reference(s)

  Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
  
  

  Keywords:

  adjustment; analogy; enforcement; grounds; provision; salary; staff regulations and rules;
  

  
  
  

• Judgment 1095

  
  70th session, 1991
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  SUMMARY

  Extract:

  THE COMPLAINANT'S FEES FOR DIFFICULT CONFINEMENT WERE REFUNDED AT THE 100 PER CENT RATE UP TO A MAXIMUM LIMIT RECKONED BY LIKENING THE TREATMENT SHE RECEIVED TO A SURGICAL OPERATION. THOUGH THE TRIBUNAL FINDS NOTHING WRONG WITH SETTING MAXIMUM LIMITS IN GENERAL IT HOLDS THAT THERE WAS NO VALID LIMIT AT THE MATERIAL TIME ON COSTS INCURRED FOR DIFFICULT CONFINEMENTS AND THAT THE COMPLAINANT WAS ENTITLED TO THE REFUND OF HER CONFINEMENT EXPENSES IN FULL.

  Keywords:

  amount; analogy; case sent back to organisation; complaint allowed; decision quashed; flaw; insurance benefit; maximum limit; no provision; rate; reckoning;
  

  
  
  

• Judgment 944

  
  65th session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 4

  Extract:

  THE COMPLAINANT AND HER HUSBAND ARE BOTH OFFICIALS OF THE EPO. THERE ARE NO RULES CONCERNING THE REFUND OF MEDICAL EXPENSES WHICH COVER SUCH CONTINGENCIES. THE TRIBUNAL HOLDS THAT "NO OTHER PROVISION OF THE SERVICE REGULATIONS MAY BE APPLIED, EVEN BY ANALOGY, IF INTENDED TO FIT AN ESSENTIALLY DIFFERENT SET OF CIRCUMSTANCES."

  Keywords:

  analogy; applicable law; enforcement; insurance benefit; marital status; no provision; other; provision; staff regulations and rules;
  

  
  
  

• Judgment 615

  
  53rd session, 1984
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  SUMMARY

  Extract:

  AS A MATTER OF PRINCIPLE, A STRIKE IS LAWFUL; IT FOLLOWS THAT THE CONSEQUENCES OF A STRIKE ARE COVERED BY STAFF REGULATIONS INSOFAR AS THESE ARE NOT ARE INCOMPATIBLE WITH THE WORK STOPPAGE. IN THIS CASE, THE REGULATION ON SALARY DEDUCTIONS DUE TO ABSENCE IS APPLICABLE, AND THE ORGANISATION IS INVITED TO COMPLY WITH IT.

  Reference(s)

  Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  analogy; case sent back to organisation; complaint allowed; decision quashed; deduction; enforcement; provision; right to strike; salary; staff regulations and rules; strike;
  

  
  
  

• Judgment 487

  
  48th session, 1982
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 3

  Extract:

  THE COMPLAINANT'S ABSENCE FROM DUTY FOR WHICH THE ORGANIZATION'S MEDICAL OFFICER THOUGHT THE APPLICATION OF SICK LEAVE UNJUSTIFIED WAS SET AGAINST ANNUAL LEAVE; THE COMPLAINANT CONTENDS THAT IT WAS IN FACT A DISCIPLINARY MEASURE TAINTED WITH ABUSE OF AUTHORITY. "IN THE CIRCUMSTANCES OF THIS CASE THE APPLICATION OF THE [MATERIAL RULE] BY ANALOGY AND THE CONSEQUENT EXCLUSION OF [ANOTHER RULE] WHICH WOULD HAVE ENTAILED DISCIPLINARY ACTION [...] CONSTITUTES NO ABUSE OF AUTHORITY, SINCE THAT AUTHORITY WAS NOT EXERCISED FOR ANY UNLAWFUL PURPOSE."

  Keywords:

  analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
  

  
  
  

• Judgment 360

  
  41st session, 1978
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 3

  Extract:

  THE APPLICATION, BY ANALOGY, OF THE RULES IN FORCE IN THE BODIES OF THE EUROPEAN COMMUNITIES "WOULD BE WARRANTED ONLY IF THE ... RULES [OF THE ORGANISATION] OVERLOOKED THE POINT IN DISPUTE, IN OTHER WORDS IF THEY FAILED TO CONTAIN A PROVISION WHICH HAD APPARENTLY BEEN LEFT OUT BY OMISSION."

  Keywords:

  analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;
  

  
  
  

• Judgment 11

  
  3rd session, 1953
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATIONS 1 AND 3

  Extract:

  "THE CIRCUMSTANCES SHOW THAT THE TWO PARTIES SEEM TO AGREE IMPLICITLY THAT THE NATIONAL LEGISLATION OF THE PLACE IN WHICH THE [...] BRANCH OFFICE [OF THE ORGANISATION] IS SITUATED SHOULD BY ANALOGY BE APPLIED IN THIS CASE... THE DIRECTOR-GENERAL HAS HIMSELF STATED THAT THIS IS THE PROCEDURE NORMALLY FOLLOWED IN ALL THE BRANCH OFFICES [...] IT IS THEREFORE NECESSARY TO ENQUIRE WHETHER [NATIONAL] LEGISLATION HAS BEEN RESPECTED IN THIS CASE AND TO BEAR IN MIND THE OPINION OF THE AD HOC JOINT COMMITTEE".

  Keywords:

  analogy; applicable law; domestic law; enforcement; field; no provision;