Judgment No. 3760
The complaint is dismissed, as are the applications to intervene.
The complainant challenges the decision to amend the Rules of the Medical Benefits Fund.
general decision; complaint dismissed
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.
ILOAT reference: Article VII, paragraph 2, of the Statute
ILOAT Judgment(s): 1134, 3642
As the Tribunal reiterated in Judgment 3426, under 16, “[t]o be receivable a complaint must disclose a cause of action”.
ILOAT Judgment(s): 3426
cause of action