Repeal (242,-666)

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Keywords: Repeal
Total judgments found: 5

• Judgment 2906

  
  108th Session, 2010
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "In accordance with these principles, an individual decision affecting an official becomes binding on the organisation which has taken it and thus creates rights for the person concerned as soon as it has been notified to him or her in the manner prescribed by the applicable rules (see, for example, Judgments 2112, under 7(a), and 2201, under 4). As a general rule, such a decision may therefore be reversed only if two conditions are satisfied: the decision must be unlawful and it must not yet have become final (see Judgments 994, under 14, or 1006, under 2). Furthermore, where an individual decision does not create rights, provided that the principle of good faith is respected, it may be reversed at any time (see Judgment 587, under 4)."

  Reference(s)

  ILOAT Judgment(s): 587, 994, 1006, 2112, 2201
  

  Keywords:

  applicable law; binding character; condition; decision; good faith; individual decision; promotion; repeal; right; withdrawal of decision;
  

  
  
  

• Judgment 2272

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  A rule, "approved by the Administrative Council, [cannot] be called into question by the President. It is true that, when deciding to promote or not to promote a permanent employee, the President enjoys discretionary authority, subject to the Tribunal¿s limited power of review. Within the bounds of this limited power of review, however, the Tribunal considers whether decisions referred to it are not flawed by abuse of authority or error of law. In the present case, the complainant argues rightly that by refusing to apply to his case a rule which had been approved by the Administrative Council, despite the fact that he met the necessary requirements, the President committed an error of law and abused his authority."

  Keywords:

  abuse of power; condition; discretion; enforcement; executive body; executive head; interpretation; judicial review; limits; misuse of authority; promotion; refusal; repeal; written rule;
  

  
  
  

• Judgment 2244

  
  95th Session, 2003
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "The Tribunal notes that the competent bodies of the Organisation may repeal or modify rules they have established, subject to compliance with the principle that similar acts require similar rules, as pointed out in Judgment 1896, but that those bodies' discretionary powers are limited by the general principles of international civil service law, including the principle of equality, whereby officials in the same circumstances should be treated in the same way."

  Reference(s)

  ILOAT Judgment(s): 1896
  

  Keywords:

  amendment to the rules; discretion; equal treatment; general principle; organisation's duties; procedure before the tribunal; provision; repeal; staff regulations and rules;
  

  
  
  

• Judgment 1087

  
  70th Session, 1991
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The Coordination Committee of WIPO repealed Staff Regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the Swiss franc. The Organization having offered a perfunctory defence, the Tribunal orders further submissions.

  Reference(s)

  Organization rules reference: WIPO STAFF REGULATION 3.1 BIS
  
  

  Keywords:

  further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;
  

  
  
  

• Judgment 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."

  Keywords:

  abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;