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Applicable law (177, 179, 687, 856, 181, 182, 183, 184, 185, 186, 187, 188, 189, 900, 663, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 645, 209, 211, 664, 213, 215, 230, 227, 228, 231, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 685, 229, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 732, 751,-666)

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Keywords: Applicable law
Total judgments found: 99

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  • Judgment 1756


    85th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "A firm line of precedent says that rights under a contract of employment may be express or implied, and include any that flow from general principles of the international civil service or human rights [...]."

    Keywords:

    applicable law; case law; contract; general principle; international civil service principles;



  • Judgment 1696


    84th Session, 1998
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [administrative] practice on which [the Organization] does rely can have no effect in law. The conditions that make a practice an enforceable custom are not met. The alleged rule is not widely recognised as binding; indeed opinion varies on what it actually is."

    Keywords:

    applicable law; condition; practice; purport;



  • Judgment 1646


    83rd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 10

    Extract:

    "When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."

    Keywords:

    applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;



  • Judgment 1509


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The fact that UNIDO was administering the [joint UN and UNIDO service in which the complainant was working] made neither the complainant one of its officials nor the organization a party to the contract of employment. According to his letters of appointment the complainant was subject to the Staff Regulations and Staff Rules of the United Nations, not of UNIDO. And even if in administering the service UNIDO did apply its own Staff Regulations to the complainant he did not on that account become a member of its staff. So any complaint by him that UNDO failed to apply, or misapplied, its Staff Regulations to him is not within the Tribunal's competence."

    Reference(s)

    ILOAT reference: ARTICLE 11 OF THE STATUTE

    Keywords:

    applicable law; competence of tribunal; contract; iloat statute; locus standi; non official; official; rule of another organisation; staff regulations and rules; status of complainant;

    Consideration 12

    Extract:

    "Article II(5) empowers the Tribunal to hear a complaint which an official of an international organisation that has duly recognised its jurisdiction has filed and which alleges non-observance of either the terms of the official's appointment or the Staff Regulations. As the Tribunal said in Judgment 231 [...], those are 'two conditions which in practice coincide'. The reference to 'Staff Regulations' means those of the organisation of which a complainant is or was an official and does not include the Staff Regulations of any other."

    Reference(s)

    ILOAT reference: ARTICLE II(5) OF THE STATUTE
    ILOAT Judgment(s): 231

    Keywords:

    applicable law; breach; case law; competence of tribunal; contract; declaration of recognition; iloat statute; locus standi; official; rule of another organisation; staff regulations and rules; status of complainant;



  • Judgment 1451


    79th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    "[Certain] conclusions may be drawn from [...] considerations of comparative law. Jurisdiction is conferred where there are significant connections with a particular forum; recourse to a specific system of law is one such connection; there may be more than one forum which has jurisdiction; the connections are to be assessed against the interests of both parties to the litigation and against the public interest as well; and any conflict of jurisdiction must invariably be so resolved as to allow no judicial void where conflicting jurisdictions decline competence."

    Keywords:

    applicable law; competence; domestic law; general principle; municipal court;

    Consideration 30

    Extract:

    "The reinstatement of the status quo by the quashing of the decision [to amend the rules of the provident fund so as to confer sole jurisdiction on a national tribunal] restores a situation which is quite consistent with the requirement of rational division of jurisdiction in the international context. Each of the jurisdictions that may be competent - the [national] tribunal and this Tribunal - will be able to determine its own competence according to the material rules on conflict. That was what the Tribunal held in Judgment 1258 on a case in which there was similar conflict of jurisdiction: it said under 4 that it was for each court to rule on its own competence."

    Reference(s)

    ILOAT Judgment(s): 1258

    Keywords:

    applicable law; case law; competence; competence of tribunal; domestic law; general principle; municipal court;

    Consideration 23

    Extract:

    "The Tribunal concurs fully with what the Union says about the legal process it chose to follow in setting up its provident scheme [under municipal law]. It is true that other such schemes have been set up under international law and that the Tribunal has generally preferred that any dispute it may hear be resolved by the rules of the international civil service. But it has also been at pains to except any case in which there is express renvoi to municipal law in an organisation's rules or in the terms of appointment: for recent examples see Judgments 1311 and 1369, both under 15."

    Reference(s)

    ILOAT Judgment(s): 1311, 1369

    Keywords:

    applicable law; case law; contract; domestic law; provident fund; staff regulations and rules;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "The Tribunal has never ruled out municipal law a priori. Although it is ordinarily and essentially competent in a context of international law, it may well have to heed some provisions of municipal law where, as indeed in this case, there is renvoi to such law in a contract of service or in an organisation's rules. Precedent further has it that there may be reference to municipal law for the sake of comparison and so as to educe certain general principles of law that apply to the international civil service."

    Keywords:

    applicable law; case law; contract; domestic law; general principle; international civil service principles; staff regulations and rules; tribunal;



  • Judgment 1446


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    It is "worth recalling [...] that the increases at issue [...] offend against the norms of the 'common system', which are binding on any organisation that belongs: see Judgments 1239, [...] under 7 and 8, and 1265, [...] under 36."

    Reference(s)

    ILOAT Judgment(s): 1239, 1265

    Keywords:

    applicable law; binding character; case law; coordinated organisations; rule of another organisation;



  • Judgment 1436


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "However regrettable it may be that there are too few women in senior posts at the ITU - and for that matter in most international organisations - the Tribunal is satisfied that the complainant was not discriminated against. There was no breach of the General Assembly Resolution of 23 December 1992 [on women's contributions to the work of international organisations]: the Secretary-General could not have used his authority to get her name put on the short list."

    Keywords:

    applicable law; equal treatment; general assembly resolution; international civil service principles; promotion board; selection board; sex discrimination;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "As for the application for a stay of proceedings, Article 10(3) of the Rules says that 'the Tribunal [...] shall rule on an application by either party for a stay of proceedings'". The Tribunal holds that no stay of proceedings is warranted in this case. Whatever changes may be made in the procedure for filling vacant posts, the complaint must be reviewed in the light of the rules in force at the material time. Once the proceedings have begun, the Tribunal is bound to reach a decision as promptly as possible and will not stay the proceedings pending possible changes in the rules."

    Reference(s)

    ILOAT reference: ARTICLE 10(3) OF THE RULES

    Keywords:

    amendment to the rules; applicable law; closure of written proceedings; competition cancelled; iloat statute; order of suspension; procedure before the tribunal; refusal; staff regulations and rules; submissions;



  • Judgment 1389


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "The international organisation is under no duty to insure its expert against any adverse effects on him that the national postal department may draw from conclusions about the nature of an accident that has befallen him while on mission for the organisation. So any claim that the expert may make that goes beyond those limits should be made to the national department, which will deal with it according to its own rules. Nor indeed may the Union or the Tribunal intervene in the area of the department's competence."

    Keywords:

    applicable law; competence of tribunal; domestic law; insurance; organisation's duties; professional accident; project personnel;



  • Judgment 1369


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."

    Reference(s)

    ILOAT Judgment(s): 1311

    Keywords:

    applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; insurance benefits; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;

    Consideration 16

    Extract:

    Eurocontrol questions whether a complainant may rely on a collective agreement between an organisation and its staff. "It is a truth universally acknowledged that the collective agreement is a basic vehicle of social progress, justice and peace. That that is so is due to the International Labour Organization, among others, and to its international instruments such as the right to organise and collective bargaining convention, 1949 (No. 98), and the labour relations (public service) convention, 1978 (No. 151)."

    Reference(s)

    ILOAT Judgment(s): 1311

    Keywords:

    applicable law; collective bargaining; collective rights; competence of tribunal; staff union agreement; working conditions; written rule;



  • Judgment 1333


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The law that the Tribunal applies in entertaining claims that are put to it includes not just the written rules of the defendant organisation but the general principles of law and basic human rights."

    Keywords:

    applicable law; general principle; staff regulations and rules; tribunal; universal declaration of human rights;



  • Judgment 1204


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complainants object to a decision denying them so-called "out-of-career" promotions. They submit that the original decisions were taken for an unlawful reason of principle and that the organization later confirmed the decisions on quite different grounds. The organization says it merely exercised the discretion inherent in managerial prerogative and did not alter the original reasons but merely added to them. "Although the competent authority has discretion to grant or refuse the promotion of staff who qualify under the material rules, it must abide by the rules, and whatever decisions it takes will be subject to judicial review [...] so as to determine whether they pass muster the rules have to be known to everyone and an organisation may not go beyond the duly published texts and resort to secret provisions that change the thrust of the ones it intended to treat as binding. Before it takes its discretionary decision, it must compare the merits of all staff who qualify under the rules [...] CERN committed two mistakes of law. One was to apply to the complainants rules that had never been published and that it regarded as binding. The other was to defend its position ex post facto by saying that its reasons for rejecting the complainants' claims were connected with their performance, though there is no evidence of any comparative and analytical assessment of the kind that international officials are entitled to."

    Keywords:

    applicable law; discretion; duty to substantiate decision; equal treatment; judicial review; organisation's duties; patere legem; promotion; publication; refusal;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 21-22

    Extract:

    The complainant submits that the custom in the European Communities is to transmit an interim report to the probationer in mid-probation. "The answer to that is that, being an independent organisation, Eurocontrol is not bound by the customs of any other, even one that has rules similar to its own. Besides, that an interim report may be useful does not make it compulsory."

    Keywords:

    applicable law; practice; probation report; rule of another organisation;



  • Judgment 1124


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant is not satisfied with the amount paid him in termination indemnity and submits that he has an acquired right to the application of the material provisions in French law. The Tribunal observes that "French law would have applied only if, and insofar as, there had been an agreement with the French government to that effect. There was none."

    Keywords:

    amount; applicable law; condition; domestic law; terminal entitlements;



  • Judgment 1117


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "The settlement the European Communities reached in a dispute with their staff lays no obligation on [the organisation], the less so since the reasons for the settlement and the terms of it are largely unknown."

    Keywords:

    applicable law; law of european communities;



  • Judgment 1099


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    In respect of expatriation allowance "the rules and practices of other international organisations are not binding on the EPO and the Tribunal's rulings turns solely on its interpretation of the Organisation's own texts."

    Keywords:

    applicable law; non-resident allowance; rule of another organisation;



  • Judgment 1080


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    In the complainants' view, the amount of their terminal entitlements was too low when compared to what other international organisations give, and they contend that the provisions of French social legislation apply to them. The Tribunal observes that Interpol is an independent international organisation and that there is no evidence of the organization's having agreed to apply French law.

    Keywords:

    amount; applicable law; domestic law; rule of another organisation; terminal entitlements;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant cites legislation and case law in the host State. Interpol is an international organisation and not subject to any national law and, as to the issues on which he submits that French law has a bearing, he does not cite any text of Interpol's that warrants taking account of such law."

    Keywords:

    applicable law; condition; domestic law;

    Consideration 9

    Extract:

    Where two provisions are on a par in law, "the material rule is that the particular qualifies the general."

    Keywords:

    applicable law; precedence of rules; provision; staff regulations and rules;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Vide Judgment 1020, consideration 9.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    applicable law; precedence of rules; provision; staff regulations and rules;

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