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Judgment No. 369

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 7

Extract:

"[T]he purpose of the complaint is not to have an international agreement revoked but to secure privileges and, subsidiarily, the payment of financial advantages. It is quite clearly brought against the EPO itself, and not any particular State. It cannot therefore be treated as irreceivable on the grounds that the EPO is not the true defendant."

Keywords

complaint; receivability of the complaint; international instrument

Consideration 5

Extract:

Vide Judgment 371, consideration 2.

Reference(s)

Jugement(s) TAOIT: 371

Keywords

competence of tribunal; international instrument; enforcement; provision

Consideration 9

Extract:

Vide Judgment 372, consideration 4.

Reference(s)

Jugement(s) TAOIT: 372

Keywords

acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; contract; definition

Consideration 6

Extract:

Vide Judgment 372, consideration 2.

Reference(s)

Jugement(s) TAOIT: 372

Keywords

competence of tribunal; headquarters agreement; privileges and immunities; organisation's interest; purpose

Consideration 11

Extract:

"An acquired right might be established in the present case only if, either expressly or by implication, for example in the light of conclusive evidence, the complaint's contract of appointment had guaranteed the benefits he is claiming. [...] He cannot rely on any clause in his contract: there is no express guarantee."

Keywords

acquired right; provision; contract; condition

Considerations 10-11

Extract:

Vide Judgment 372, considerations 5 and 6.

Reference(s)

Jugement(s) TAOIT: 372

Keywords

acquired right; member state; headquarters agreement; international instrument; provision; terms of appointment; contract; privileges and immunities; organisation's interest

Consideration 1

Extract:

Under an agreement, the IPI was integrated into the EPO which took over the assets and liabilities and "replaced the Institute in disputes with its staff members. Hence the EPO, and not the Institute, is the defendant in the present case, its recognition of the Tribunal's competence having been accepted by the Governing Body of the International Labour [Office]."

Keywords

merger; competence of tribunal; declaration of recognition; consequence

Consideration 3

Extract:

The Tribunal's Statute limits its competence to review of individual cases. "Hence the Tribunal may not hear an application for the repeal or amendment of a provision of the Staff Regulations or Staff Rules. If it heard such a complaint it would be passing judgment on matters which fall outside the context of an individual case and would therefore be exceeding the competence conferred on it by its Statute."

Keywords

general decision; individual decision; competence of tribunal; staff regulations and rules; amendment to the rules; provision; application for quashing

Consideration 3

Extract:

The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."

Keywords

injury; competence of tribunal; iloat statute; enforcement; provision; judicial review; application for quashing

Consideration 3

Extract:

Under Article II, paragraph 1, of its Statute, "the Tribunal's competence is limited to review of individual cases but covers all such cases in question."

Reference(s)

ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE

Keywords

general decision; individual decision; competence of tribunal; iloat statute



 
Dernière mise à jour: 31.08.2020 ^ haut