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Locus standi (55, 71, 73, 74, 673,-666)

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Keywords: Locus standi
Total judgments found: 87

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  • Judgment 2755


    105th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant challenges an appointment on the grounds that it was made without a competition, or even a call for candidatures. She filed her complaint both as an ILO official and in her capacity as Chairperson of the Staff Union Committee. The defendant contends that the complaint is irreceivable insofar as it has been filed on behalf of the Staff Union Committee. "The Tribunal considers that the debate concerning the receivability of the complaint, insofar as it was filed by the complainant in her capacity as Chairperson of the Office's Staff Union Committee, has no bearing on the outcome of proceedings, since the complaint is receivable having been filed by an official with locus standi."

    Keywords:

    appointment; competition; locus standi; receivability of the complaint; staff representative; staff union;



  • Judgment 2649


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."

    Reference(s)

    ILOAT Judgment(s): 1147, 1897

    Keywords:

    breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;



  • Judgment 2503


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The evidence on file shows that the complainant was never an official of Eurocontrol, and the only contracts he has produced are temporary contracts signed with a temporary employment agency [which supplied him to the defendant] and governed by French law. According to Article II of its Statute, the Tribunal is competent to hear complaints alleging non-observance of the terms of appointment of officials or such provisions of the Staff Regulations as are applicable to their case. Since the complainant is not an official of Eurocontrol, and cannot produce any employment contract signed with the latter, it follows, as the Agency rightly contends, that the Tribunal does not have jurisdiction over this dispute."

    Reference(s)

    ILOAT reference: Article II of the Statute

    Keywords:

    competence of tribunal; complainant; contract; domestic law; iloat statute; locus standi; non official; official; receivability of the complaint; status of complainant; successive contracts;



  • Judgment 2387


    98th Session, 2005
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant serves as President of the Eurocontrol section of the European Civil Service Federation. He asks the Tribunal to quash an instruction which, he submits, causes him injury and directly affects the interests he must defend as a trade union leader. "The Tribunal finds that the complainant does not show a direct cause of action in this case which would allow him to challenge the disputed instruction, since the latter was applicable only to the staff of CFMU, a body to which he does not belong. Insofar as he pleads in his capacity as trade union leader, he would be entitled to file a complaint with the Tribunal only on the basis of his personal employment relationship with the Agency - for instance by challenging measures which concern him personally on account of his duties - but not in order to defend the collective interests of trade union members. On this point the Tribunal refers to consistent precedent (see, for instance, Judgment 1542 delivered on 11 July 1996)."

    Reference(s)

    ILOAT Judgment(s): 1542

    Keywords:

    administrative instruction; cause of action; collective rights; locus standi; staff representative;



  • Judgment 2244


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

    Consideration 8

    Extract:

    "Although the disputed decision is regulatory in character, it applies generally to a category of staff members whom it may adversely affect. The case law has it (see Judgments 1451 and 1618) that in such a case there is no need to await an individual decision before an appeal can be considered receivable, and that the staff members concerned have an interest in challenging the lawfulness of the general decision which may affect them. Their complaints are therefore receivable ratione personae."

    Reference(s)

    ILOAT Judgment(s): 1451, 1618

    Keywords:

    case law; complainant; complaint; general decision; individual decision; internal appeal; locus standi; receivability of the complaint; status of complainant;



  • Judgment 2111


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal acknowledges that the relationship between officials and international organisations does not come to an end when they cease to work (see in this respect Judgment 986). It must therefore be recognised that former officials who consider that the terms of their contracts of employment or Staff Regulations have been disregarded, or that the administration has not accorded them the protection and guarantees deriving from their position as international civil servants, may avail themselves of the means of recourse available for the recognition of their rights [...]."

    Reference(s)

    ILOAT Judgment(s): 986

    Keywords:

    competence of tribunal; complainant; complaint; locus standi; organisation's duties; receivability of the complaint; separation from service;



  • Judgment 2102


    92nd Session, 2002
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The duty laid on international organisations to treat their staff with due consideration and not to impair their dignity may extend beyond the term of their appointment. In charging a staff member with misconduct in the performance of duty an organisation must observe due process, otherwise it may be held liable even after its contractual or statutory ties with the official have ceased, and the Tribunal will entertain such matters."

    Keywords:

    competence of tribunal; complainant; complaint; locus standi; organisation's duties; receivability of the complaint; respect for dignity; separation from service;



  • Judgment 2036


    90th Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Members of an advisory body are entitled to challenge a measure (for which an advisory opinion should have been sought) on the grounds that prior consultation with the advisory body did not take place.

    Keywords:

    advisory body; advisory opinion; complainant; consultation; decision; locus standi; receivability of the complaint;



  • Judgment 2008


    90th Session, 2001
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[The organization] submits that the Tribunal is not competent to entertain the complaint because, having left [the organization] many years ago the complainant is not in a position to assert any statutory or contractual rights: he benefited from a special extra-statutory arrangement made ex gratia and may not assert for his family any right arising under the terms of his appointment. The objection to the Tribunal's jurisdiction fails: [the organization] allowed its former employee to retain coverage by a health insurance scheme which he had originally been able to join only because of his employment relationship with [it]. Whether the continued protection he was granted albeit ex gratia may also be extended to his family can be determined only by ascertaining his rights as a former employee of the organization."

    Keywords:

    competence of tribunal; complainant; ex gratia; extension of contract; health insurance; locus standi; medical expenses; receivability of the complaint; right; status of complainant; tribunal;



  • Judgment 1980


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 10

    Extract:

    "The complainants contend that Judgment 1663 was not properly executed. According to a general principle, a judgment ordinarily affects only the parties to the suit and applies only to the issues raised in it. [...] The complainants were not parties to the proceedings that led to Judgment 1663 and so are not entitled to benefit from it unless they can invoke some special ground." The complainants were unable to do so. Therefore the Tribunal found that, "having no locus standi to apply for the execution of Judgment 1663, the complainants cannot plead that the execution of the judgment was formally flawed."

    Reference(s)

    ILOAT Judgment(s): 1663

    Keywords:

    execution of judgment; flaw; formal flaw; general principle; judgment of the tribunal; locus standi; receivability of the complaint; res judicata; same cause of action; same parties;



  • Judgment 1979


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Consistent precedent holds that, since judgments carry the authority of res judicata only for the parties to a dispute (see Judgment 1935 [...]), complainants may not put forward claims for the whole staff, but only for themselves. The complaints are irreceivable insofar as they address the position of persons who are not parties to this suit."

    Reference(s)

    ILOAT Judgment(s): 1935

    Keywords:

    binding character; case law; claim; general principle; judgment of the tribunal; locus standi; receivability of the complaint; request by a party; res judicata; same parties;



  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; locus standi; medical examination; non official; offer; offer withdrawn; official; receivability of the complaint; status of complainant; tribunal;



  • Judgment 1938


    88th Session, 2000
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant worked continuously for the organization for 17 years under various short term contracts - including contractual service agreements - after his fixed-term appointment as a staff member expired. "In practice he is seeking to obtain a revision of the whole of his career from 1976 to 1996. But he himself accepted the contractual conditions offered to him. He did not challenge the decision taken in 1979 not to renew his fixed-term appointment and not to convert it into a permanent appointment. Moreover, he offers no legally valid argument to challenge the way he has been treated since 1979. His claims must therefore be dismissed [...]."

    Keywords:

    complainant; contract; duration of appointment; external collaborator; fixed-term; locus standi; project personnel;



  • Judgment 1934


    88th Session, 2000
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant cannot invoke in his favour res judicata in a case to which he was neither party nor intervener."

    Keywords:

    complainant; intervention; judgment of the tribunal; locus standi; res judicata;



  • Judgment 1845


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Under Article II(6) of its Statute the Tribunal is open to a former staff member. However, Article II(5) restricts the competence of the Tribunal, ratione materiae, to complaints alleging the non-observance, in substance or in form, of the terms of appointment of a staff member or of the provisions of the applicable staff regulations. On expiry of the complainant's contract, he ceased to be a staff member. His complaint, concerning his non-selection [to the post of assistant to the head of administration] does not involve any allegation of the violation of any rights which he enjoyed under his contract or the Staff Regulations insofar as they continued to apply to him. The Tribunal therefore [cannot] entertain the complaint."

    Reference(s)

    ILOAT reference: ARTICLE II (5) OFTHE STATUTE;
    ARTICLE II (6) OF THE STATUTE


    Keywords:

    candidate; competence of tribunal; competition; contract; enforcement; external candidate; iloat statute; locus standi; receivability of the complaint; separation from service; staff regulations and rules;



  • Judgment 1752


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's wife, who was a member of the staff of the International Labour Office committed suicide. Among other things, the complainant seeks awards of damages for the moral injury suffered by his wife as well as by his son and himself. "[The complainant] has access to the Tribunal under Article II(6) of its Statute only as the successor to any rights his wife may have had, since she alone was an official of the ILO. He may claim damages only for moral injury he says she suffered in its employ because of its failure to treat her with due care or for whatever other reason."

    Reference(s)

    ILOAT reference: ARTICLE II(6) OF THE STATUTE

    Keywords:

    injury; locus standi; moral injury; ratione personae; receivability of the complaint; respect for dignity; status of complainant; successor;



  • Judgment 1554


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant is wrong in contending that for challenging the non-renewal of his contract the time limit of ninety days was somehow held over because of a connexion with his application for a post. His complaint shows two distinct elements: the non-renewal of his contract on 31 January 1994 and his unsuccessful application for a post in April 1994. His failure to file a complaint with the Tribunal within ninety days of 31 January 1994 means that any claim in relation to his contract is time-barred. As for his application for a post, by the time he made it he was no longer an employee of the Organisation. Since an outside candidate for employment does not have access to the Tribunal his complaint is irreceivable in that regard as well."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    candidate; competition; complainant; contract; external candidate; locus standi; non-renewal of contract; ratione personae; receivability of the complaint; status of complainant; time bar; time limit;



  • Judgment 1547


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The claim by Mr. C. to an award of damages to the union is irreceivable because his complaint is in his own name."

    Keywords:

    claim; complaint; locus standi; receivability of the complaint; staff union;



  • Judgment 1542


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A complaint is receivable only if it is about an individual official's status as an employee of the organisation, not about the collective interests of trade unionists." Insofar as the present complaint purports to be made on behalf of a trade union it is irreceivable.

    Keywords:

    cause of action; competence of tribunal; complainant; complaint; contract; locus standi; receivability of the complaint; staff representative; staff union; status of complainant;

    Consideration 5

    Extract:

    "This complaint, which seeks the grant of staff union facilities [...], does concern the exercise of the freedom of association that Article 30 of the Service Regulations guarantees. So the Tribunal is competent ratione materiae under Article II(5) and (6)(a) of its Statute, whereby it is open to any official - even one whose employment has ceased - who alleges breach in substance or in form of the Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE II (5) AND (6)(A) OF THE STATUTE
    Organization rules reference: ARTICLE 30 OF THE EPO SERVICE REGULATIONS

    Keywords:

    competence of tribunal; complainant; complaint; facilities; freedom of association; iloat statute; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union; staff union activity; status of complainant; vested competence;

    Consideration 7

    Extract:

    "The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."

    Keywords:

    breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;



  • Judgment 1520


    81st Session, 1996
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Organization objects "that the complainants are just acting as a front for the Staff Association and fall foul of the precedents that declare complaints by such associations to be irreceivable: see for example Judgment 911. [The Tribunal finds that] the complainants have filed complaints in their own name and are quite free to claim rights as officials of the WTO by the means at their disposal."

    Reference(s)

    ILOAT Judgment(s): 911

    Keywords:

    case law; competence of tribunal; locus standi; receivability of the complaint; staff representative; staff union;

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Last updated: 23.11.2020 ^ top