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Residence (346,-666)

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Keywords: Residence
Total judgments found: 37

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  • Judgment 4022


    126th Session, 2018
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the WTO’s decision to grant him local recruitment status upon joining the Organization.

    Consideration 5

    Extract:

    “[R]esident” in Staff Rule 103.1(a) means simple residence. There is nothing in the provision which shows that this is to be equated with “domicile”, “permanent abode”, whether the staff member considers herself or himself integrated locally, or would immediately leave Switzerland on leaving the employment to which recruited. A staff member is “resident”, and thus “locally recruited” under Staff Rule 103.1(a), if at the time of recruitment she or he is actually resident, or effectively lives, at an address within the stated distance. Staff Rule 103.1(a) is clear and unambiguous and therefore its terms are to be given their obvious and ordinary meaning (see Judgment 3742, consideration 4). These terms provide that a person is locally recruited, if at the time of recruitment she or he resided at a place within 75 km from the Pont du Mont-Blanc in Geneva, regardless of the duration of that residence, unless she or he fell into the stated exceptions. The complainant did not fall within any of the stated exceptions and had resided and worked in Geneva for some sixteen years prior to being recruited. While in his Personal History Form he gave a United States address as his permanent address, he also gave his home address in Geneva as his present address. This signified that at the time of his recruitment he resided within the area identified in Staff Rule 103.1(a), which rendered him locally recruited.
    It did not matter, as the complainant suggests, that although he “lived in Geneva for some time, he never applied for Swiss nationality”. This is in fact an admission that he was resident within the given area that rendered him locally recruited under Staff Rule 103.1(a). Neither did it matter, as the complainant further suggests, that he did not request the C permit which he held; owned no property in Switzerland; had worked with a company which was not subject to Swiss law; had always been paid by that company through his bank account in the United States (US), which he continued to maintain; possessed US credit cards; contributed to a pension account only in the US and participated in its social security scheme for retirement there only; continued to vote in US elections and to file US income tax declarations, which US law obliges him to do as a citizen; sends his children to summer school in the US and spends his annual summer holidays there with his family. Consequently, the first ground of the complaint is unfounded.

    Keywords:

    interpretation; residence;



  • Judgment 3509


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.

    Judgment keywords

    Keywords:

    residence; retirement;



  • Judgment 3338


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who is serving in the Netherlands and who no longer has Dutch nationality, impugns the decision not to help him to obtain the non-permanent resident status and tax-free car registration.

    Judgment keywords

    Keywords:

    duty of care; residence;



  • Judgment 2925


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[I]t is neither unreasonable nor discriminatory for an international organisation to establish objective criteria, applicable in all cases, on the basis of which it may presume a person has made his or her permanent residence in a particular country. And in establishing objective criteria, it is neither unreasonable nor discriminatory to set specific periods of permanent residency. Further, it is not unreasonable or discriminatory to select different periods for those who are taking up duty in the country of their nationality and those who are taking up duty in a country of which they are not nationals."

    Keywords:

    allowance; criteria; duty station; equal treatment; nationality; permanent; residence;

    Consideration 6

    Extract:

    "The location of an employee's permanent home is a proper criterion for the award of an expatriation allowance, and the selection of nationality and permanent residence as objective facts by reference to which it may be determined whether his or her permanent home is or is not the country in which he or she will be working is appropriate and adapted to the general circumstances of a large workforce comprised of many different nationalities."

    Keywords:

    allowance; criteria; duty station; home; nationality; permanent; residence;

    Consideration 3

    Extract:

    "Although the purpose of the expatriation allowance has variously been described as that of "grant[ing] an allowance to [an] official who has no affinity with the country of his duty station" (Judgment 1150, under 6), to 'take account of certain disadvantages arising from being a foreigner newly installed in a country" (Judgment 1864, under 6), and to "compensate for certain disadvantages suffered by officials who are obliged to leave their country of origin and settle abroad' (Judgment 2864, under 3(a)), it is, perhaps, more appropriate to identify its purpose in terms of persons who have left their permanent home in one country to take up employment in another."

    Reference(s)

    ILOAT Judgment(s): 1150, 1864, 2864

    Keywords:

    allowance; compensatory allowance; definition; duty station; home; residence;



  • Judgment 2924


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[T]he fact that a person was present in a country for the purpose of pursuing his or her studies may well be insufficient to establish permanent residence, particularly if there are strong links to another country."

    Keywords:

    allowance; criteria; permanent; purpose; residence;



  • Judgment 2865


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(b)

    Extract:

    Article 72 of the Service Regulations for Permanent Employees of the European Patent Office, the EPO's secretariat, concerns the expatriation allowance. Article 72(1) reads as follows:
    "An expatriation allowance shall be payable to permanent employees who, at the time they take up their duties or are transferred:
    a) hold the nationality of a country other than the country in which they will be serving, and
    b) were not permanently resident in the latter country for at least three years, no account being taken of previous service in the administration of the country conferring the said nationality or with international organisations."
    "The country in which the permanent employee is permanently resident, within the meaning of Article 72(1)(b) of the Service Regulations, is that in which he or she is effectively living, that is to say the country with which he or she maintains the closest objective and factual links. The closeness of these links must be such that it may reasonably be presumed that the person concerned is resident in the country in question and intends to remain there. A permanent employee interrupts his or her permanent residence in a country when he or she effectively leaves that country with the intention - which must be objectively and reasonably credible in the light of all the circumstances - to settle for some length of time in another country (see Judgment 2653, under 3)."

    Reference(s)

    Organization rules reference: Article 72(1) of the Service Regulations for Permanent Employees of the European Patent Office
    ILOAT Judgment(s): 2653

    Keywords:

    amendment to the rules; appointment; condition; definition; duty station; intention of parties; international civil servant; member state; nationality; non-resident allowance; organisation; payment; period; residence; staff regulations and rules; transfer;



  • Judgment 2597


    102nd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The expatriation allowance [...] is intended to compensate for certain disadvantages suffered by persons who are obliged, because of their work, to leave their country of origin and settle abroad. The disadvantages are indeed greater for them than for those who do not have the nationality of the country of their duty station either, but who have been living in that country for quite a long time before taking up their duties. Equal treatment demands that the provisions establishing the right of international civil servants to receive an expatriation allowance take fair and reasonable account of these different situations. The length of time for which foreign permanent employees have lived in the country where they will be serving, before they take up their duties, therefore forms an essential criterion for determining whether they may receive this allowance. It has been held that the period of three years' residence required by Article 72(1)b) of the Service Regulations is not unreasonable (see Judgment 1864, under 6)."

    Reference(s)

    Organization rules reference: Article 72(1)b) of the Service Regulations
    ILOAT Judgment(s): 1864

    Keywords:

    allowance; compensatory measure; criteria; duty station; equal treatment; nationality; non-resident allowance; purpose; residence; time limit;



  • Judgment 2389


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Under [Staff] Rule [105.3], it is not sufficient for entitlement to home leave that internationally recruited staff members be serving in a country other than that of which they are nationals; they must also meet the required conditions. Thus, paragraph 2a of the Rule stipulates that a staff member shall be eligible for home leave provided that while performing his official duties he continues to reside in a country other than that of which he is a national. This condition is clearly not met in the case of a staff member who lived in his home country only during his early childhood and who, at the time of his appointment, had been residing for several decades, practically without a break, in the country where he performs his official duties."

    Reference(s)

    Organization rules reference: UPU Staff Rule 105.3

    Keywords:

    appointment; condition; difference; duty station; home leave; international civil servant; nationality; non-local status; provision; residence; right; staff member's duties; staff regulations and rules;

    Consideration 7

    Extract:

    The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."

    Reference(s)

    Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
    ILOAT Judgment(s): 1985

    Keywords:

    adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;

    Consideration 7

    Extract:

    "[T]he purpose of home leave is to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections. Regulation 5.3, which denies home leave to staff members whose home country is the country of their official duty station or who continue to reside in their home country, is therefore self-explanatory. Regulation 4.5, paragraph 2, reflects the same reasoning, insofar as it provides that a staff member may lose entitlement to home leave if, following a change in his residential status, he is, in the opinion of the Director General, deemed to be a permanent resident of any country other than that of his nationality, provided that the Director General considers that the continuation of such entitlement would be contrary to the purposes for which the benefit was created."

    Reference(s)

    Organization rules reference: UPU Staff Regulations 4.5, paragraph 2, and 5.3

    Keywords:

    amendment to the rules; condition; consequence; difference; duty station; executive head; family relationship; home leave; international civil servant; nationality; period; place of origin; purpose; refusal; residence; staff regulations and rules;



  • Judgment 2292


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

    Consideration 11

    Extract:

    "[T]he fact that in connection with pension rights different rules apply according to the place of residence of retired staff members constitutes neither a breach of property rights nor a violation of the principle of equality, provided that the staff concerned are not deprived of any of the rights they enjoy under the statutory and regulatory provisions which apply to them, and that they have freely exercised their right of option."

    Keywords:

    equal treatment; international civil servant; organisation's duties; pension; pension entitlements; provision; residence; written rule;



  • Judgment 2214


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

    Consideration 3 B) and C)

    Extract:

    The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
    ILOAT Judgment(s): 1099, 1150

    Keywords:

    appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; same; staff member's duties; staff regulations and rules; tax;



  • Judgment 2052


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The decision not to give permission to spend sick leave elsewhere than at the staff member's place of residence is clearly discretionary in nature. It is well-established by the case law of the Tribunal that a discretionary decision is subject to limited review."

    Keywords:

    decision; discretion; duty station; judicial review; limits; residence; sick leave;



  • Judgment 1950


    89th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "So long as the complainant retains his residence in Germany, no matter how many other residences he may have established, he has not carried out a removal from that residence. A removal is not merely the establishment of a new residence but, and much more importantly, the abandonment of the former residence."

    Keywords:

    condition; removal expenses; residence; separation from service;



  • Judgment 1866


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant considers that he is discriminated against in comparison with his colleagues who live in towns where the organisation subsidises creche places. "The principle of equality of treatment only applies between staff members in a similar situation. In the material case, staff members whose place of residence is Munich or The Hague, where there are subsidised creches, benefit from the same treatment. But staff members, such as the complainant, who decide to reside in another location and do not wish to place their child in these subsidised creches, are not in a similar situation."

    Keywords:

    criteria; dependent child; difference; equal treatment; general principle; insurance benefit; residence; social benefit;



  • Judgment 1864


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2, 5 and 6

    Extract:

    "Article 72(1) [of the Service Regulations] rules that employees who are nationals of a country other than the one they work in have no right to an expatriation allowance if, when taking up their duties, they had already been permanently resident there for more than three years. [W]hile the system could certainly be improved, it is in line with legal requirements that the applicable rules should precisely define the notion of 'expatriation', and fix a length of residence in the country prior to employment beyond which an employee may not be considered as expatriate. [N]aturally, the length of residence to be taken into account in order to make the distinction may be challenged, but in this matter the tribunal recognises the organisation's discretion, provided that the exercise of such power has no adverse consequences. in this case, a period of three years' residence beyond which the complainants may not be considered as 'expatriates' would appear reasonable."

    Reference(s)

    Organization rules reference: ARTICLE 72 (1) OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 754

    Keywords:

    date; duty station; nationality; non-resident allowance; residence; staff regulations and rules;



  • Judgment 1695


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The argument that the pensioner's home should be assimilated to the place of employment is immaterial and must fail, the pensioner being free to live wherever he chooses."

    Keywords:

    duty station; pension; residence; retirement;



  • Judgment 1189


    73rd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant is objecting to the local status he was granted upon recruitment. The Tribunal observes that on his application form he himself stated that he had been living in Geneva, which was his duty station, for several years. In signing that form he stated that the information he had given was "true, complete and correct". The Tribunal concludes that since he had thus declared at the time of recruitment that he had been residing in Geneva for several years, "the complainant is now estopped from contending that he was wrongly given such status".

    Keywords:

    duty station; good faith; local status; non-local status; residence; staff member's duties;



  • Judgment 1150


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "In interpreting the term 'continuously resident' in Judgment 1099 [...] the Tribunal held that the condition turned on the existence of objective and factual links with the country and that the test was one of simple residence. The purpose of the rule is to grant an allowance to the official who has no affinity with the country of his duty station. To make that clear, Article 72(3) [of the Service Regulations of the EPO] further provides that the allowance may be paid to the staff member who, even though he is a national of the country in which he is serving, has been continuously resident for at least ten years in another country."

    Reference(s)

    Organization rules reference: ARTICLES 72(1) and 72(3) OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 1099

    Keywords:

    case law; duty station; non-resident allowance; residence; staff regulations and rules;



  • Judgment 1099


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant claims the expatriation allowance provided under Article 72 of the EPO Service Regulations for officials who, at the time of their appointment, have not been continuously resident in their duty station for the preceding three years. As he does not meet that requirement, he wants the time he spent in the Federal Republic of Germany to be discounted and he relies on the German wording of the provision, which refers to the official's being "permanently established" rather than "resident" at the duty station as in the English and French versions. The English and French versions being quite explicit, the German version must be interpreted in a way that reconciles all three. (Vide Judgment 926.)

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 926

    Keywords:

    condition; criteria; interpretation; language of rule; nationality; non-resident allowance; residence; staff regulations and rules;

    Consideration 8

    Extract:

    "As the Tribunal observed in Judgment 926, the [expatriation] allowance is intended to meet the case of an official who has no affinity with the country of his duty station. Whether the condition of 'continuous residence' [in Article 72(1) of the Service Regulations] is met depends on the existence of objective and factual links with that country: the test is one of simple residence."

    Reference(s)

    Organization rules reference: ARTICLE 72(1) OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 926

    Keywords:

    condition; criteria; duty station; non-resident allowance; residence;



  • Judgment 926


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

    Consideration 8

    Extract:

    "the purpose of the [expatriation] allowance is [...] to meet the case where the employee has no affinity with the country of his duty station. although the employee who is a citizen will ordinarily have such affinity, 72[3] [of the service regulations] recognises that residence abroad for at least ten years before appointment will break it. but it is only reasonable to require that the residence abroad be continuous because any interruption of it will restore the affinity."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    condition; duty station; enforcement; non-resident allowance; residence; staff regulations and rules;

    Consideration 6

    Extract:

    "it is plain from the text [of article 72 of the service regulations] that the allowance is to be refused to an employee who is a citizen of the country where he is stationed unless at the time of appointment he has been continuously resident in another country for at least ten years. that is indeed the purport of the english and french texts, which are clear: the terms 'resident' and 'residaient' do not necessarily connote permanent or established residence. the english and french versions being explicit, the german is to be interpreted in a way that reconciles all three; and in its english and french versions 72[3] requires that a citizen of the federal republic serving at munich shall be paid the allowance only if at the time of appointment he has been 'continuously resident for at least 10 years' outside the federal republic."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    difference; duty station; interpretation; language of rule; nationality; non-resident allowance; residence;



  • Judgment 854


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

    Summary

    Extract:

    the complainant, a national of the federal republic of germany, was initially appointed to the hague, where he received an expatriation allowance; he was then transferred to berlin where he no longer received the allowance. the complainant contends that he is still entitled to the allowance under article 72[3] of the epo service regulations since, even though a national of the country in which he is serving, he had been continuously resident in another state for at least 10 years at the time of appointment. the complainant takes the expression 'at the time of their appointment' to mean at the date of transfer. the interpretation is without merit. the complaint is dismissed.

    Reference(s)

    Organization rules reference: ARTICLE 72.3 OF THE EPO STAFF REGULATIONS
    ILOAT Judgment(s): 786

    Keywords:

    interpretation; nationality; non-resident allowance; place of origin; provision; residence; right; staff regulations and rules;

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Last updated: 19.07.2019 ^ top