Judgment No. 477

• Organization: Central Office for International Railway Transport (OCTI [OTIF])
• Date: 28.01.1982
• Original: French
• Judges: Grisel, Ducoux, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

"As Article II of its Statute makes clear, the Tribunal will hear complaints alleging non-observance of both formal or procedural rules and substantive ones [...]. For that purpose [a complainant] need not bring an appeal for invalidating the decision, a procedure which is provided for neither in the Statute nor in the Rules of Court, and the Tribunal will consider his procedural pleas in the context of his actual complaint."

Reference(s)

ILOAT reference: ARTICLE II OF THE STATUTE

Keywords

competence of tribunal; iloat statute

Consideration 6

Extract:

The complainant is mistaken in relying on the definition of residence contained in national legislation. "The Staff Regulations should be interpreted in themselves, with due regard to their purpose and independently of national legislation.

Keywords

applicable law; domestic law; staff regulations and rules; residence; definition