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Repeal (242,-666)

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Keywords: Repeal
Total judgments found: 4

  • Judgment 2272


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    A rule, "approved by the Administrative Council, [cannot] be called into question by the President. It is true that, when deciding to promote or not to promote a permanent employee, the President enjoys discretionary authority, subject to the Tribunal┐s limited power of review. Within the bounds of this limited power of review, however, the Tribunal considers whether decisions referred to it are not flawed by abuse of authority or error of law. In the present case, the complainant argues rightly that by refusing to apply to his case a rule which had been approved by the Administrative Council, despite the fact that he met the necessary requirements, the President committed an error of law and abused his authority."

    Keywords:

    complaint allowed; complaint allowed in part; condition; discretion; enforcement; executive body; executive head; interpretation; judicial review; limits; misuse of authority; promotion; refusal; repeal; written rule;



  • Judgment 2244


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal notes that the competent bodies of the Organisation may repeal or modify rules they have established, subject to compliance with the principle that similar acts require similar rules, as pointed out in Judgment 1896, but that those bodies' discretionary powers are limited by the general principles of international civil service law, including the principle of equality, whereby officials in the same circumstances should be treated in the same way."

    Reference(s)

    ILOAT Judgment(s): 1896

    Keywords:

    amendment to the rules; complaint allowed; complaint allowed in part; discretion; equal treatment; general principle; organisation's duties; procedure; provision; repeal; staff regulations and rules;



  • Judgment 1087


    70th Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Coordination Committee of WIPO repealed Staff Regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the Swiss franc. The Organization having offered a perfunctory defence, the Tribunal orders further submissions.

    Reference(s)

    Organization rules reference: WIPO STAFF REGULATION 3.1 BIS

    Keywords:

    further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;



  • Judgment 61


    10th Session, 1962
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."

    Keywords:

    abolition of post; acquired right; amendment to the rules; complaint allowed; decision quashed; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination; terms of appointment;


 
Last updated: 12.08.2019 ^ top