Statement of intent (41,-666)

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Keywords: Statement of intent
Total judgments found: 7

• Judgment 2017

  
  90th Session, 2001
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "An organisation must interpret the statements of a staff member in good faith and [...] as part of its duty to spare the staff member unnecessary injury, it may also be called upon to provide procedural guidance and help to put right a mistake (see Judgment 1734, [...] under 3(g))."

  Reference(s)

  ILOAT Judgment(s): 1734
  

  Keywords:

  good faith; injury; interpretation; organisation's duties; request by a party; staff member's interest; statement of intent;
  

  
  
  

• Judgment 1448

  
  79th Session, 1995
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 17-18

  Extract:

  "The Tribunal holds that the decision [against which the complainant submitted an internal appeal] was not a final one, the object [...] being only to initiate discussion: see Judgment 336 [...]. Although he had been identified as a staff member 'likely to be terminated', there was [...] no actual decision that he would be terminated at such and such a date or on stated terms". "He failed to submit an appeal [against the final decision] and thereby failed to exhaust the internal means of redress available to him. Accordingly, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
  ILOAT Judgment(s): 336
  

  Keywords:

  absence of final decision; case law; complaint; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; statement of intent;
  

  
  
  

• Judgment 846

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

  Consideration 7

  Extract:

  The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."

  Keywords:

  application for quashing; cause of action; censure; disciplinary measure; no cause of action; settlement out of court; statement of intent;
  

  
  
  

• Judgment 801

  
  61st Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The invitation to the complainant to submit observations does not constitute a challengeable decision: the letter merely states the intention of imposing a reprimand."

  Keywords:

  cause of action; censure; no cause of action; receivability of the complaint; statement of intent;
  

  
  
  

• Judgment 764

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "A decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury. One that has no effect on his position is not, for example an act which is not operative but a mere declaration of intent."

  Keywords:

  cause of action; complaint; injury; lack of injury; no cause of action; receivability of the complaint; statement of intent;
  

  
  
  

• Judgment 278

  
  37th Session, 1976
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The Administrative Council "defined its position as follows: 'The provisions of the Staff Regulations and other texts relating to the staff should so far as possible match those applicable to European Communities staff.' It appears clearly from this statement, the precise purport of which is indicated by use of the term 'so far as possible', that the Administrative Council did not decide to ensure full conformity between [its Staff Regulations] and those of the European Communities, that it entered into no legal commitment in that regard and that it merely made a statement of intent which did not provide for any sanction."

  Keywords:

  binding character; coordinated organisations; enforcement; executive body; law of european communities; proposal; rule of another organisation; statement of intent;
  

  
  
  

• Judgment 277

  
  37th Session, 1976
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."

  Keywords:

  binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;