Judgment No. 3760

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 08.02.2017
• Original: English
• Judges: Rouiller, Barbagallo, Hansen, Frydman, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed, as are the applications to intervene.

Summary

The complainant challenges the decision to amend the Rules of the Medical Benefits Fund.

Judgment keywords

Keywords

general decision; complaint dismissed

Consideration 6

Extract:

The complainant relies on Article VII, paragraph 2, of the Tribunal’s Statute as support for the proposition that a “complainant may plead the unlawfulness of an administrative decision affecting a class of officials”. […] Article VII, paragraph 2, serves to establish the time limit and when the time limit starts to run for filing a complaint against two types of decisions. The Tribunal has recognised that the words “a decision affecting a class of officials” might, viewed in isolation, be treated as a reference to a general decision, whether or not it affects individual rights (see Judgment 1134, under 4). However, any particular provision of the Statute must be construed having regard to the Statute as a whole. The jurisdiction of the Tribunal is, under the Statute construed as a whole, concerned with the vindication or enforcement of individual rights (see, for example, Judgment 3642, under 11). The reference to “a decision affecting a class of officials” is to a decision which may have affected the rights of a number of individual officials in the same or a similar way.

Reference(s)

ILOAT reference: Article VII, paragraph 2, of the Statute
ILOAT Judgment(s): 1134, 3642

Keywords

general decision

Consideration 8

Extract:

As the Tribunal reiterated in Judgment 3426, under 16, “[t]o be receivable a complaint must disclose a cause of action”.

Reference(s)

ILOAT Judgment(s): 3426

Keywords

cause of action