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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)

You searched for:
Keywords: Applicable law
Total judgments found: 99

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  • Judgment 944


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant and her husband are both officials of the EPO. There are no rules concerning the refund of medical expenses which cover such contingencies. The Tribunal holds that "no other provision of the Service Regulations may be applied, even by analogy, if intended to fit an essentially different set of circumstances."

    Keywords:

    analogy; applicable law; enforcement; health insurance; marital status; medical expenses; no provision; other; provision; staff regulations and rules;



  • Judgment 941


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "As the texts stand vaccinations are not ordinarily covered by the [sickness insurance] scheme [...] that the policy of other European organisations is more liberal is an example Eurocontrol may wish but is not bound to follow."

    Keywords:

    applicable law; health insurance; insurance; law of european communities; medical expenses; rule of another organisation;



  • Judgment 899


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "To begin with, the Tribunal will not review criteria laid down in any national law. The only rules it will apply are those that govern the international civil service and in this case they are the EPO Service Regulations".

    Keywords:

    applicable law; competence of tribunal; domestic law; international civil service principles; staff regulations and rules;



  • Judgment 891


    64th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's post was abolished. The Tribunal held that, though given a limited-duration contract, the complainant held a post of indefinite duration which entitled him, under the material rules, to application of the reduction-in-force procedure.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent appointment; post; procedure before the tribunal; right; staff reduction; termination of employment;



  • Judgment 860


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;



  • Judgment 703


    57th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    According to the inter-organization agreement on secondment, "while retaining his rights in the 'releasing' organisation, the staff member shall be subject to the Staff Regulations and Rules of the 'receiving' organisation."

    Keywords:

    applicable law; inter-agency agreement; secondment; staff regulations and rules;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was not given any work. The organisation refers to her frequent absences on sick leave. "If the complainant was ill the ILO was under a duty to grant her rights under the Staff Regulations."

    Keywords:

    applicable law; illness; organisation's duties; refusal to assign work; sick leave; staff regulations and rules;



  • Judgment 584


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The PAHO contends that because the complainant did not hold a post of indefinite duration, Rule 1050.2 does not apply to him. The Tribunal finds that Rule 1050.2 applies for reasons set out in Judgment 581 (Judgment 581 refers to the reasoning and conclusions in Judgment 470 concerning the applicability of the same rule).

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 581

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;



  • Judgment 583


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 584, consideration 3.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 581, 584

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;



  • Judgment 582


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 584, consideration 3.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 581, 584

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;



  • Judgment 581


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "In [Judgment 470] the Tribunal considered the applicability of [a rule] to a staff member whose fixed-term appointment had been regularly extended and held that [the rule] applied in such a case. [...] In the instant case, [as in P.] the complainant was the holder of a post of indefinite duration. The Tribunal sees no reason to differ from the conclusion reached in [case P.] or the reasoning on which that conclusion was based." The Article applies in the instant case.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 PAHO STAFF RULES
    ILOAT Judgment(s): 470

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent appointment; post; termination of employment;



  • Judgment 570


    51st Session, 1983
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The plea correctly regards [the national] law as a question of fact. It is not binding on the Tribunal and its relevance in this case is not an aid to the interpretation of the contract between the parties."

    Reference(s)

    ILOAT Judgment(s): 507, 508

    Keywords:

    applicable law; contract; domestic law; enforcement; interpretation; tribunal;



  • Judgment 566


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Even where a strike is not an abuse of right an organisation would of course be entitled to make special rules on salary deductions different from the rules on absence from duty for other reasons. But such rules must be incorporated into the Staff Regulations in accordance with the prescribed procedure [...] The executive head is not competent to adopt such rules, let alone such rules which are retroactive."

    Keywords:

    applicable law; deduction; no provision; non-retroactivity; right to strike; salary; staff regulations and rules; strike;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The rules on competitions were revised in 1981. The new rules provided for setting up a selection board, and its members were appointed later. The competition of which the complainant is challenging the outcome opened in June 1981 and it was decided to apply the old rules. His objections to that decision are unsound; there was no error of law and, because of the delay in appointing the members of the Selection Board, its effect appears to have been to speed up the competition procedure."

    Keywords:

    amendment to the rules; applicable law; competition; provision; staff regulations and rules;



  • Judgment 554


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal stated in Judgment No. 486 that "the question for its decision was whether it was within its competence to enforce a rule of policy or practice. The Tribunal found that there was such a rule, but that since it conflicted with a staff rule, it did not create an obligation which the Tribunal was competent to enforce. [...] It is manifest from the judgment that the rule of policy or practice, by whatever evidence its existence was proved, was in this case unenforceable."

    Reference(s)

    ILOAT Judgment(s): 486

    Keywords:

    applicable law; application for review; difference; evidence; practice; precedence of rules; provision; staff regulations and rules;



  • Judgment 546


    50th Session, 1983
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    It was agreed that the complainant's contractual relations would cease. The agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. The organisation has no discretion in the matter and could not decide what it thought was equitable. The complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.

    Keywords:

    agreed termination; applicable law; no provision; pension; termination of employment; withdrawal settlement;



  • Judgment 515


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's appointment was terminated, and the rule concerning termination of limited duration posts, applied. The complainant contends that the rule for posts of indefinite duration should have been applied. The Tribunal held that posts attached to projects whose own duration is limited, are likewise of limited duration. The complainant's post came under such a project.

    Keywords:

    abolition of post; applicable law; contract; fixed-term; post; project personnel; termination of employment;



  • Judgment 491


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal will determine the complainant's status by reference to the Staff Rules and Regulations and only where they are silent will it apply the general principles governing international public service. There is no ambiguity about the texts in point in this case."

    Keywords:

    applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;



  • Judgment 490


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 491, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 491

    Keywords:

    applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;



  • Judgment 477


    47th Session, 1982
    Central Office for International Railway Transport
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is mistaken in relying on the definition of residence contained in national legislation. "The Staff Regulations should be interpreted in themselves, with due regard to their purpose and independently of national legislation.

    Keywords:

    applicable law; definition; domestic law; residence; staff regulations and rules;

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