Judgment No. 1456
THE COMPLAINTS ARE DISMISSED.
The Tribunal will disregard documents produced by the parties on the preparatory work for the material rules. They are fragmentary and the scant information they contain is unlikely to prove helpful. "In construing the rules the Tribunal is bound to take an objective view and pay heed, in line with the method approved in international law, to their wording, context, purport and purpose."
submissions; evidence; admissibility of evidence; written rule; interpretation; purpose; interpretation of rules
"No doubt national institutions that run pension schemes are better able to evaluate entitlements that may have accrued to the employee under one or more national schemes before recruitment [...]". No doubt the national institution has the last word on the figure to be used. But the organisation remains "free by virtue of its administrative and financial autonomy to discard any figure that the institution has worked out on some basis that offends against the prescriptions of the international regulations. It is free, too, to ask the institution to work out a new figure in the event of disagreement."
organisation; independence; international civil service principles; domestic law; pension; pension entitlements; pension adjustment system
"By taking the German administration's figures the organisation endorsed them and subsumed them in its own decision. The figures thus become inseparable from the decision for the purpose of any litigation [...]; the EPO may not properly refer the complainants to the national administration; and that administration may not properly intervene in the organisation's decision."
decision; organisation; domestic law; pension entitlements; pension adjustment system
The Tribunal "may not order the organisation to negotiate with a member State or set the objectives of any such negotiation."
organisation; tribunal; competence of tribunal; judgment of the tribunal; member state