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Withdrawal of decision (44,-666)

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Keywords: Withdrawal of decision
Total judgments found: 21

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  • Judgment 3942


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reinstate her in her former position.

    Considerations 8 and 9

    Extract:

    The Tribunal accepts [...] that the executive head of an organisation has a discretionary power to review an earlier decision and can, for good reason and acting bone fide, vary or rescind that decision (see, for example, Judgment 618, consideration 5, though compare Judgment 3871, consideration 3), unless the earlier decision is immune from revision either because of the effect of normative legal documents within the organisation such as staff rules or regulations, or because of the application of principles found in the Tribunal’s case law such as promissory estoppel (see, for example, Judgment 1781, considerations 12 to 14). But the rationale for the reversal decision, in the present case, does not withstand close scrutiny. [...]
    It is true that the remedy chosen in the decision [...] certainly compensated the complainant, financially, for the direct effect of the unlawful non-renewal of her contract as an act of retaliation. However, that decision fails to recognise that bare financial compensation for lost income arising directly from non-renewal of the complainant’s contract for an unlawful reason might be an insufficient remedy. This failure is an error of law involving a failure to take into account relevant considerations.

    Keywords:

    estoppel; moral damages; non-renewal of contract; withdrawal of decision;



  • Judgment 3198


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.

    Consideration 25

    Extract:

    "According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."

    Reference(s)

    ILOAT Judgment(s): 1380

    Keywords:

    decision; evidence; lack of evidence; lack of injury; material damages; moral damages; no cause of action; professional injury; withdrawal of decision;

    Consideration 22

    Extract:

    "[A] cause of action no longer exists when the action that is complained of is withdrawn. Thus, the Tribunal stated as follows in Judgment 1394, under 4, in which the EPO was the defendant:
    “At the date of filing […] the decision [the complainant] is impugning did indisputably cause [him] injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail.”"

    Reference(s)

    ILOAT Judgment(s): 1394

    Keywords:

    cause of action; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 3021


    111th Session, 2011
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Suspension of Commissary privileges.
    "[T]he nature of a privilege is such that it may be suspended or withdrawn as an interim measure to prevent abuse even if there is no specific provision to that effect in the relevant rules."

    Keywords:

    no provision; privileges and immunities; provisional decision; staff regulations and rules; suspension; withdrawal of decision;



  • Judgment 2637


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; international civil servant; non-local status; non-retroactivity; staff member's interest; withdrawal of decision;



  • Judgment 1927


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "While the complaint may seem to show no cause of action, since the decision to suspend him has been revoked, the measure did have material - although not financial - and particularly moral consequences during the period for which it was in effect. Certain of the complainant's duties were withdrawn, although he continued to receive full pay. In these conditions, the complaint does still show cause for action [...]."

    Keywords:

    cause of action; consequence; decision; injury; material injury; moral injury; receivability of the complaint; suspension; withdrawal of decision;



  • Judgment 1811


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."

    Keywords:

    career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;



  • Judgment 1788


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Having won satisfaction only after filing suit, the complainant is entitled to costs in the amount he claims: 5,000 Swiss francs."

    Keywords:

    complaint allowed in part; costs; late decision; tribunal; withdrawal of decision;



  • Judgment 1680


    84th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Organization "cites the ruling in Judgment 1394 [...] that there is no question of 'quashing a decision that no longer exists and therefore has no effect in law'. But the precedent holds good only where the decision impugned has been retroactively withdrawn and has had no effect in law."

    Reference(s)

    ILOAT Judgment(s): 1394

    Keywords:

    cause of action; claim moot; effect; impugned decision; withdrawal of decision;



  • Judgment 1601


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Since the reversal of the disputed measures came only after the filing of the complaints and the complainants were therefore put to needless expense, their claim to costs succeeds. Eurocontrol's counterclaim to an award of costs against the complainants is dismissed."

    Keywords:

    complaint; costs; counterclaim; date; withdrawal of decision;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The impugned decision having been withdrawn and declared null and void by its author, "whatever his reasons for doing so may have been, the only possible inference is [...] that the complainant has no cause of action and his complaint is therefore irreceivable." The Tribunal need not rule on the substantive question he raises in the absence of any substantive dispute between the parties.

    Keywords:

    cause of action; competence of tribunal; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "At the date of filing [...] the decision [the complainant] is impugning did indisputably cause him injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail."

    Keywords:

    application for quashing; cause of action; complaint; complaint allowed; complaint allowed in part; decision; no cause of action; receivability of the complaint; withdrawal of decision;

    Consideration 6

    Extract:

    Since the complaint succeeds in part and the reason why the Tribunal is declining to rule on the impugned decision is that it has been withdrawn, the complainant is entitled to costs.

    Keywords:

    amount; complaint allowed; complaint allowed in part; costs; decision; withdrawal of decision;



  • Judgment 1130


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

    Consideration 3

    Extract:

    The Organisation granted the complainants incremental steps on a provisional basis while awaiting for new salary scales to come into force. The Tribunal holds that "there was nothing unlawful about replacing them several months later with retroactive decisions granting them lower steps."

    Keywords:

    amendment to the rules; increment; provisional decision; reduction; salary; scale; step; withdrawal of decision;



  • Judgment 1111


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    An earlier decision had informed the complainant that she would not qualify for a termination indemnity if she refused to move to Lyons when the organization moved there. However, a later decision granted her the indemnity. The Tribunal observes that "the very inconsistency between the two decisions shows that the later one, which had no basis in law, was a mistake." Since the decision was materially wrong Interpol was entitled under Article 30 of the Staff Regulations to claim payment back from her.

    Reference(s)

    Organization rules reference: ARTICLE 30 OF THE INTERPOL STAFF REGULATIONS

    Keywords:

    recovery of overpayment; withdrawal of decision;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "the general principle the tribunal will apply is that, save where there is reversal of an earlier decision - and in this case there was not - an administrative decision may not retroactively impair a right or alter any state of fact."

    Keywords:

    exception; general principle; non-retroactivity; withdrawal of decision;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    vide judgment 1020, consideration 12.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    exception; general principle; non-retroactivity; withdrawal of decision;



  • Judgment 1006


    68th Session, 1990
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    in 1988 the secretary-general decided to reverse a decision which the then secretary-general took in 1979 to grant the complainant non-local status. the reason for the reversal was that the original decision had not been warranted. the tribunal holds that "even if that decision was based on facts that were wrong and even if there was misinterpretation of regulation 16 [now staff rule 14.6 on how to determine an official's home], it was in any event too late by 1988 to reverse a decision that the organization had already abided by for almost nine years." the impugned decision is quashed.

    Reference(s)

    Organization rules reference: RULE 14.6 OF THE WTO STAFF REGULATIONS

    Keywords:

    complaint allowed; decision quashed; flaw; local status; non-local status; time limit; withdrawal of decision;



  • Judgment 994


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.

    Keywords:

    complaint allowed; condition; cumulative decisions; decision quashed; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;

    Summary

    Extract:

    The complainant was granted three concurrent promotions: the first by direct selection from grade G.6 to P.3 with effect from 1 July 1986; the second by personal promotion from G.6 to G.7 with effect from 1 January 1986; and the third as a result of the regrading of his post from G.6 to P.3 with effect from 1 February 1984. The Administration said he could choose between two options: either his promotion to P.3 as from 1 February 1984 would be deemed to have cancelled the earlier ones and, in keeping with Article 3.4.4 of the Staff Regulations, his pensionable remuneration would stay at the level it had reached at that date; or else he might keep the personal promotion and his pensionable remuneration would be at the level it had reached at 1 July 1986. The complainant having refused to choose between the two options, the Administration applied the second one. Insofar as that decision conflicts with the decision to regrade his post P.3 as from 1 February 1984 it cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 3.4.4 OF THE ILO STAFF REGULATIONS

    Keywords:

    consequence; cumulative decisions; decision quashed; general service category; pension; pensionable remuneration; post classification; professional category; promotion; withdrawal of decision;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "a decision taken after the one impugned may, if more favourable, repeal it with retroactive effect, the decision- maker being empowered to withdraw the earlier decision so long as he does not thereby offend against the rights of any third party. the withdrawal may be likened to reversal, and if there happens to be an appeal pending there will be no cause of action."

    Keywords:

    acquired right; consequence; limits; settlement out of court; withdrawal of decision;



  • Judgment 618


    53rd Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "as a rule the competent authority may alter or reverse any administrative decision unless it is expressly forbidden to do so and provided that acquired rights are safeguarded." [the complainant challenged the appointment of an official which took place after review of the decision to withdraw the offer of appointment.]

    Keywords:

    acquired right; amendment to the rules; decision; limits; withdrawal of decision;



  • Judgment 587


    51st Session, 1983
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the organization was [...] quite free to revoke the decision cancelling the complainant's right to benefit as a fund participant. since he is thereby reinstated in the rolls there is no substance to his claim for the quashing of the decision to remove him, nor to his related claims [...] these are matters on which the tribunal need not rule."

    Keywords:

    cause of action; no cause of action; settlement out of court; withdrawal of decision;

    Consideration 4

    Extract:

    "the general rule is that an administration which has taken a decision may later revoke it provided that it has vested no right. in this instance the organization was therefore quite free to revoke the decision cancelling the complainant's right to benefit as a fund participant."

    Keywords:

    acquired right; limits; withdrawal of decision;

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Last updated: 19.09.2019 ^ top