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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 473


    47th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    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."

    Keywords:

    applicable law; domestic law; pension; pension entitlements; request by a party; staff regulations and rules; validation of service;



  • Judgment 472


    47th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."

    Keywords:

    allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's contract expired and his post was simultaneously abolished. The organization applied the provision on the termination of temporary contracts. The Tribunal maintains that the provision on abolition of posts is applicable to temporary officials; a provision which deprives certain officials of benefiting from this provision is without effect because it does not respect the hierarchical ranking of rules.

    Reference(s)

    Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES

    Keywords:

    abolition of post; applicable law; contract; fixed-term; non-renewal of contract; precedence of rules;



  • Judgment 469


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is true that the abolition of a post does not automatically terminate the holder's appointment and therefore does not automatically attract an indemnity under [the applicable rule]. Does this give the organization the option of terminating the appointment under another rule ? In the circumstances of this case it is unnecessary for the Tribunal to answer that question." It is the provision establishing an indemnity in the event of post abolition that is applicable in the instant case.

    Keywords:

    abolition of post; applicable law; contract; fixed-term; material damages; non-renewal of contract;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The dispute is between the complainant and the organization which employs him. [It must therefore be judged according to] the relevant terms of the contract and provisions of the Staff Regulations and Staff Rules. The provisions of municipal law are therefore irrelevant, and it is immaterial that the complainant is Swiss and that the accident [...] occurred on Swiss territory."

    Keywords:

    applicable law; contract; professional accident; provision; staff regulations and rules;



  • Judgment 378


    42nd Session, 1979
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Nor may the complainant rely on any provisions which he alleges apply in other organisations."

    Keywords:

    abolition of post; applicable law; rule of another organisation;



  • Judgment 360


    41st Session, 1978
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."

    Keywords:

    analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;



  • Judgment 351


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant contends that her dismissal infringed the Maternity Protection Convention [No. 103] and Recommendation [No. 95] of the ILO. "Those instruments do not apply to the WHO, however. Besides, they were not infringed."

    Keywords:

    applicable law; international instrument;



  • Judgment 335


    40th Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The authorities of the Institute are not bound, unless there be a provision to that effect, by the rules which govern the staff of the European Communities."

    Keywords:

    applicable law; coordinated organisations; law of european communities; rule of another organisation;



  • Judgment 322


    39th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."

    Keywords:

    applicable law; case law; domestic law; enforcement; exception; general principle; tribunal;



  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The investigation [...] aimed at identifying the persons responsible for breaking the rules of the organization [...] was necessarily followed by the sanctions provided for in those rules. The investigation was therefore entrusted to the agents of the organization itself rather than to the authorities of the State in which the complainant was employed. The rules of the organization itself alone were applicable, and not any national legislation." [The case involves participation in the traffic of foreign currency.]

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; misconduct; staff regulations and rules;



  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;



  • Judgment 53


    9th Session, 1961
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In the absence of relevant provisions in the Staff Rules, the general principle of law according to which the payer is entitled to pursue the recovery against the payee of sums paid in error is applicable to the present case."

    Keywords:

    applicable law; general principle; no provision; recovery of overpayment;



  • Judgment 30


    6th Session, 1957
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    In the absence of any regulations, "there are no rules of positive law governing the conditions of employment of [...] officials [of branch offices such] conditions [...] are governed by general decisions of the Director-General and rules resulting from the partial assimilation of the conditions of service [...] to those of public servants in the country where the branch office is located and, in a subsidiary way, by general principles of law and, in particular, administrative law."

    Keywords:

    applicable law; domestic law; field; no provision;



  • Judgment 28


    6th Session, 1957
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "The complainant wrongly alleges that english law is applicable as his national law, whereas the Tribunal is bound exclusively by the internal law of the organisation [...] as well as by general principles of law."

    Keywords:

    applicable law; arbitration; domestic law; enforcement; general principle; staff regulations and rules;



  • Judgment 14


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The judge is bound to observe strictly the rules of law and can have recourse to equity only in the event of lack of clarity of the text or silence of the Regulations."

    Keywords:

    applicable law; enforcement; equity; exception; general principle; no provision;



  • Judgment 11


    3rd Session, 1953
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 3

    Extract:

    "The circumstances show that the two parties seem to agree implicitly that the national legislation of the place in which the [...] branch office [of the organisation] is situated should by analogy be applied in this case [...]. The Director-General has himself stated that this is the procedure normally followed in all the branch offices [...]. It is therefore necessary to enquire whether [national] legislation has been respected in this case and to bear in mind the opinion of the ad hoc Joint Committee".

    Keywords:

    analogy; applicable law; domestic law; enforcement; field; no provision;

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Last updated: 03.12.2021 ^ top