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Interpretation (237,-666)

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Keywords: Interpretation
Total judgments found: 180

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  • Judgment 936


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

    Consideration 9

    Extract:

    "Article 64(6) of the Service Regulations reads: 'The remuneration of the permanent employees shall be subject to periodic review and shall be adjusted by the Administrative Council taking account of the recommendations of the Co-ordinating Committee of government budget experts of the co-ordinated organisations'. Though the definition puts the EPO under no specific obligation it does reflect an intention of not letting EPO pay get out of line with the broad trend in national civil services, and that is the rule of thumb followed by the Co-ordinating Committee."

    Reference(s)

    Organization rules reference: ARTICLE 64(6) OF THE EPO SERVICE REGULATIONS

    Keywords:

    adjustment; coordinated organisations; interpretation; provision; salary; staff regulations and rules;



  • Judgment 927


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Before the complainant's divorce during a period of trial separation, the organization discontinued payment of her family allowance and lowered the rate of her non-resident allowance. The Tribunal holds that "the temporary separation of the spouses prior to the decree of divorce, though authorised by a court order, was neither a 'legal' separation nor a 'similar legal situation' within the meaning of R IV 1.13 [of the Staff Rules and Regulations]. The trial separation is a preliminary to divorce required by law. It is limited in time and revocable. It has no effect on the marital status of the spouses, who may use it as they will. It is not in the same category as legal separation, which is a permanent solution." Since the organization made a mistake of law, the Director-General's decision must be set aside.

    Reference(s)

    Organization rules reference: ARTICLE R IV 1.13 OF CERN STAFF RULES

    Keywords:

    allowance; complaint allowed; consequence; decision quashed; domestic law; family allowance; flaw; interpretation; marital status; non-resident allowance;



  • Judgment 926


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

    Consideration 6

    Extract:

    "It is plain from the text [of Article 72 of the Service Regulations] that the allowance is to be refused to an employee who is a citizen of the country where he is stationed unless at the time of appointment he has been continuously resident in another country for at least ten years. That is indeed the purport of the English and French texts, which are clear: the terms 'résident' and 'résidaient' do not necessarily connote permanent or established residence. The English and French versions being explicit, the German is to be interpreted in a way that reconciles all three; and in its English and French versions 72[3] requires that a citizen of the Federal Republic serving at Munich shall be paid the allowance only if at the time of appointment he has been 'continuously resident for at least 10 years' outside the Federal Republic."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    difference; duty station; interpretation; language of rule; nationality; non-resident allowance; residence;



  • Judgment 898


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."

    Keywords:

    advisory opinion; cause of action; competence of tribunal; complainant; interpretation; receivability of the complaint; request by a party; staff regulations and rules; tribunal; vague claim;

    Consideration 7

    Extract:

    The claims are irreceivable because "they are a pointless attempt to get review of decisions that the Tribunal ruled on in Judgments 732 and 733. [...] [The complainant is] pleading misinterpretation of the text, and that would be a mistake of law, which is not an admissible reason for reviewing a text that carries the authority of res judicata."

    Reference(s)

    ILOAT Judgment(s): 732, 733

    Keywords:

    application for review; interpretation; mistake of law; res judicata; staff regulations and rules;



  • Judgment 872


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "A decision by a national court cannot be binding on the Tribunal, which is the body of final instance competent to interpret the Staff Rules as an issue of law."

    Keywords:

    competence of tribunal; consequence; iloat; interpretation; judgment of the tribunal; last instance; municipal court; staff regulations and rules;



  • Judgment 870


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Such service [technical assistance] may not count for the purpose of personal promotion unless there is an express rule to that effect. There is not. [...] Periods of service [on technical co-operation projects] do not count, not even when, like the complainant, [experts] are later appointed to the staff at headquarters."

    Keywords:

    administrative instruction; difference; enforcement; field; headquarters official; interpretation; personal promotion; project personnel;



  • Judgment 861


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

    Consideration 11

    Extract:

    "The complainant was recruited and graded on the strength of his degree. It is clear from [the circular] that those who get in on their university training will be credited only with professional experience gained after the award of the qualifying degree."

    Keywords:

    administrative instruction; date; degree; interpretation; professional experience; reckoning; seniority;



  • Judgment 854


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

    Summary

    Extract:

    The complainant, a national of the Federal Republic of Germany, was initially appointed to The Hague, where he received an expatriation allowance; he was then transferred to Berlin where he no longer received the allowance. The complainant contends that he is still entitled to the allowance under Article 72[3] of the EPO Service Regulations since, even though a national of the country in which he is serving, he had been continuously resident in another State for at least 10 years at the time of appointment. The complainant takes the expression 'at the time of their appointment' to mean at the date of transfer. The interpretation is without merit. The complaint is dismissed.

    Reference(s)

    Organization rules reference: ARTICLE 72.3 OF THE EPO STAFF REGULATIONS
    ILOAT Judgment(s): 786

    Keywords:

    interpretation; nationality; non-resident allowance; place of origin; provision; residence; right; staff regulations and rules;



  • Judgment 853


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

    Consideration 5

    Extract:

    "According to the general rules of construction, all language versions of a text shall be deemed to bear the same meaning save that, where comparison reveals a point of disagreement, the construction that prevails shall be the one that, with due regard to the purpose of the law-maker, best reconciles the various versions."

    Keywords:

    authentic version; general principle; interpretation; language of rule; provision; purpose; staff regulations and rules;



  • Judgment 822


    62nd Session, 1987
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The grants [the complainant] is claiming under [his new] contract are those which were payable on the cancellation of an indefinite contract under the rules in force 'on this day'. The Tribunal takes that expression to denote [...] the date on which the letter was signed, not [...] the date when the complainant left on the expiry of his contract."

    Keywords:

    amendment to the rules; case sent back to organisation; complaint allowed; date; decision quashed; enforcement; interpretation; provision; staff regulations and rules; terminal entitlements;



  • Judgment 792


    60th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.

    Reference(s)

    Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 767

    Keywords:

    amendment to the rules; condition; duty to inform; interpretation; non-retroactivity; practice; staff regulations and rules;



  • Judgment 767


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The organisation submits that "even if it did construe [Article] 11.16 too loosely it could always put an end to the practice. The ILO may indeed change the interpretation provided, it does not thereby infringe any provision of the Staff Regulations. But the change has to be properly made known and may not be retroactive. The only evidence adduced in support of the argument is a circular which went out after the impugned decision and which therefore could have no bearing on its lawfulness."

    Reference(s)

    Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment to the rules; duty to inform; interpretation; non-retroactivity; practice; provision; staff regulations and rules;



  • Judgment 742


    58th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "According to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect."

    Keywords:

    date; effective date; international instrument; interpretation; non-retroactivity;



  • Judgment 741


    58th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Vide Judgment 742, consideration 8.

    Reference(s)

    ILOAT Judgment(s): 742

    Keywords:

    date; effective date; international instrument; interpretation; non-retroactivity;



  • Judgment 702


    57th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "From all the evidence in the dossier the Tribunal concludes that the work done for the PAHO by the complainant over more than eleven years was a continuous whole and that its division into contractual periods as a short-term consultant was fictitious. The mutual intention, formed, if not at the beginning, then at the latest by 1976, was that the complainant should be employed for as long as his services were required and he was willing to give them."

    Keywords:

    external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;



  • Judgment 701


    57th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    See Judgment 702, consideration 9.

    Reference(s)

    ILOAT Judgment(s): 702

    Keywords:

    external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;



  • Judgment 658


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The construction which the Tribunal put on [the provision] is an issue of law. An appraisal of the facts which is based on legal reasoning does not afford grounds for review. In any event the Tribunal's reasoning on the issue did not afford the basis for its decision to dismiss the complaint, as indeed is clear from the inclusion of the words 'en outre' in the authentic text."

    Reference(s)

    ILOAT Judgment(s): 617

    Keywords:

    application for review; interpretation; mistake of law;



  • Judgment 643


    54th Session, 1984
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."

    Reference(s)

    ILOAT Judgment(s): 507

    Keywords:

    amount; application for interpretation; complaint allowed; gross salary; interpretation; judgment of the tribunal; material damages; overtime;



  • Judgment 608


    52nd Session, 1984
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    There is a regulation which provides for the Director-General to determine the frequency of salary adjustments on the basis of variation in the rate of inflation. The Director-General chose not to exercise his discretion. "He must have proceeded upon the erroneous assumption that he was under no obligation to make any adjustment at all and so could do what he liked about the frequency." The Tribunal quashes the decision, which rests on an error of law and remits the case to the Director-General for a "new decision based on the correct interpretation" of the regulation.

    Keywords:

    adjustment; case sent back to organisation; complaint allowed; cost-of-living increase; decision quashed; discretion; enforcement; interpretation; organisation's duties; provision; salary; staff regulations and rules;

    Consideration 2

    Extract:

    "It is the duty of the Tribunal to ascertain the intent of the regulation and, while the intent is to be found in the language used, it is not invariably to be found in a strict grammatical construction of the language used. The nature and purpose of the regulation must be considered; also its history and the manner in which it has been applied."

    Keywords:

    criteria; interpretation; provision; staff regulations and rules;



  • Judgment 571


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

    Consideration 4

    Extract:

    "It is not for the Tribunal to interpret the text of the guideline. The [Staff] Regulation leaves it to the discretion of the President to determine the number of years [of professional experience] so long as he has regard to the guideline. [...] He is entitled to have regard to the fact that the interpretation [put on it], whether right or wrong, has been applied consistently since the first staff were recruited and it cannot now be changed without causing injustice."

    Keywords:

    administrative instruction; competence; competence of tribunal; discretion; executive head; interpretation; practice; professional experience;

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Last updated: 11.08.2020 ^ top