Judgment No. 372
Decision
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
Consideration 4
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the Rules. It may be either a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment, or a right which arises under an express or implied provision of an official's contract of appointment and which the parties intend should be inviolate."
Keywords
acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; contract; definition
Consideration 2
Extract:
The organisation maintains that the privileges and immunities enjoyed by the staff under headquarters agreements are not granted for their personal advantage. They are granted in the organisations' interests and so the organisations alone may demand that they continue. The relationship between an international organisation and a state falls outside the competence of the Tribunal. "In fact the question is not one of competence. what has to be decided is whether or not the complainant is entitled to continue to enjoy certain privileges. That is a matter of substance and should be treated as such."
Keywords
competence of tribunal; headquarters agreement; privileges and immunities; organisation's interest; purpose
Considerations 5-6
Extract:
The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.
Keywords
acquired right; member state; headquarters agreement; international instrument; provision; terms of appointment; contract; privileges and immunities; organisation's interest
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