Judgment No. 12

• Organization: International Labour Organization (ILO)
• Date: 03.09.1954
• Original: Français
• Judges: Stavropoulos, Deveze, Van Rijckevorsel
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS RECEIVABLE BUT UNFOUNDED.

Consideration 18

Extract:

"The judgement of the Director-General is final and [in the present case] is not subject in law to any rule which has not been observed [...]. In consequence, the Tribunal is not competent to judge the merits of the decision reached by the Director-General in the exercise of the powers conferred on him by the Staff Regulations."

Keywords

competence of tribunal; contract; fixed-term; non-renewal of contract; judicial review; discretion

Consideration 11

Extract:

The provision to which the complainant refers "states expressly that the Director-General may retain an official in service until he reaches the age of 65 years but [...] it grants the Director-General discretionary power to decide in which cases exception may be justified."

Keywords

exception; contract; fixed-term; non-renewal of contract; retirement; age limit; discretion; extension beyond retirement age