Interpretation (237,-666)
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Keywords: Interpretation
Total judgments found: 195
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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; date; 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; 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; cost-of-living increase; 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;
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 537
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal interpreted the French and English versions of the relevant rule according to the usual methods. It found that the latter had not been modified when the rules were amended, that the corresponding old rule refers to a section which in no way precludes the accumulation of termination payments and disability benefits. The Tribunal took the view that it was the French text of the rule which should be applied, not the English text.
Keywords:
accumulation; disability benefit; interpretation; language of rule; terminal entitlements;
Consideration 5
Extract:
"Both the French and the English are authentic. In such circumstances the Tribunal will interpret the texts according to the usual methods. This approach may of course put the complainant in an awkward position. A staff member may act on an explicit provision and later discover it to be erroneous. This may be an important consideration of equity, but it cannot be maintained on that account that it is for each staff member to choose the language version which suits him best."
Keywords:
authentic version; competence of tribunal; interpretation; language of rule;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The meaning of [the rule], on a literal construction and in the context of the Service Regulations, cannot be altered by reliance on material which does not embody rules, such as [the] document [in question], the sole purpose of which is to submit to the competent authorities of the [organisation] information on the [situation]".
Keywords:
binding character; information note; interpretation; provision; staff regulations and rules;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decisions of the Supreme Court are not of course binding on the Tribunal, but this does not mean that they cannot be used as an aid to interpretation. When a court or tribunal has to interpret a clause it is always permissible for it to consider how the same clause has been interpreted by other courts and tribunals who can speak with authority."
Keywords:
interpretation; judgment of the tribunal; municipal court; tribunal;
Consideration 4
Extract:
"Having regard to the fact that the clause [which reproduces an article of the Chilean Labour Code] is in Spanish, a language with which the Tribunal is not familiar, and has to be applied to conditions in Chile with which likewise the Tribunal is not familiar, the Tribunal would be foolish if it did not attach great weight to the observations of a supreme court which is familiar with both. Moreover, the basic idea of the Supreme Court's interpretation [...] appears to the Tribunal to accord very well with the object of the clause."
Keywords:
acceptance; domestic law; interpretation; municipal court; tribunal;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar 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."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
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