Judgment No. 473
1. THE APPLICATIONS TO INTERVENE ARE RECEIVABLE.
2. THE COMPLAINT AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
The request to repay pension contributions, made on the basis of a new national law, "runs counter to the express provisions of the Staff Regulations. To qualify under the provisions relating to the repayment of contributions, the transfer must be made when the official becomes established". The complaint is time-barred. Municipal law "cannot in itself give rise to rights enforceable against an international organisation nor retroactively lay obligations on it."
applicable law; domestic law; staff regulations and rules; pension; validation of service; pension entitlements; request by a party
"The complainant filed his complaint within the time limit set in Article VII of the Statute of the Tribunal. The fact that the Registrar invited him to supplement his complaint in accordance with Article 7 of the Rules of Court has no bearing on the question of receivability. In any event the complaint was brought into conformity with the Rules within the one-month time limit set in Article 7."
ILOAT reference: ARTICLE VII OF THE STATUTE;
ARTICLE 7 OF THE RULES
complaint; receivability of the complaint; time limit; correction of complaint; iloat statute
The officials in question, who have applied to intervene, have rights which may be affected by the judgment to be given [...] even though they have not filed a claim with the organisation. Their applications are receivable.
intervention; receivability of the complaint; cause of action; internal remedies exhausted