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Military service (280,-666)

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Keywords: Military service
Total judgments found: 6

  • Judgment 851


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "as the tribunal ruled in judgment 819 [in re franks], it is not discriminatory to credit military and comparable service in full; indeed the purpose and the effect are to restore parity between those whose professional training has been held up by having to serve in the national interest and those who have been able to get on with their training without discharging that duty."

    Reference(s)

    ILOAT Judgment(s): 819

    Keywords:

    equal treatment; military service; professional experience; reckoning; seniority;



  • Judgment 819


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "'periods of professional experience after completion of studies may be credited only from the documented date on which university studies were successfully completed'. military or 'comparable' service counts as reckonable professional experience, [...] no distinction [being made] between periods before and after graduation. [...] yet the impugned decision was no breach of the principle of equality: the principle holds good only as between those who are in the same position in fact and in law".

    Reference(s)

    Organization rules reference: CIRCULAR 144

    Keywords:

    date; degree; equal treatment; military service; professional experience; reckoning; seniority;



  • Judgment 598


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Military and technical co-operation service cannot be assimilated. [...] When the council decided to discount military service in reckoning professional experience, it meant and indeed could only mean military service as such. The President therefore erred in law in founding his decision on an assimilation of military and technical co-operation service."

    Keywords:

    case sent back to organisation; complaint allowed; cooperation service; decision quashed; difference; flaw; military service; professional experience; reckoning;



  • Judgment 597


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    See Judgment 598, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 598

    Keywords:

    case sent back to organisation; complaint allowed; cooperation service; decision quashed; difference; flaw; military service; professional experience; reckoning;



  • Judgment 135


    22nd Session, 1969
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    It is clear from the evidence that "in holding that [the complainant's] refusal to perform military service in the country of which he was a national [kept him from meeting] the requirements for appointment as an international officer, the [organization] was not basing its view on a consideration of principle, but on an examination of the circumstances in which the refusal had taken place; that accordingly the decision was in no way tainted by illegality [...]."

    Keywords:

    appointment; condition; confirmation of appointment; fitness for international civil service; military service; refusal;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On The Substance

    Extract:

    The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."

    Keywords:

    case sent back to organisation; complaint allowed; confirmation of appointment; contract; decision quashed; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent; persona non grata; refusal;


 
Last updated: 12.08.2019 ^ top