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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 1509


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    When the complainant lodged a claim to reinstatement "he was neither a serving nor a former official of UNIDO, to which he was no more than an outside applicant for employment and whose decision was in fact a refusal to recruit him. That decision raises no question of non-observance of the terms of appointment of an official of UNIDO, or of its Staff Regulations. So again the Tribunal may not entertain the claim."

    Keywords:

    appointment; breach; candidate; competence of tribunal; competition; complainant; contract; external candidate; locus standi; official; refusal; reinstatement; staff regulations and rules; status of complainant;

    Consideration 13

    Extract:

    "The fact that UNIDO was administering the [joint UN and UNIDO service in which the complainant was working] made neither the complainant one of its officials nor the organization a party to the contract of employment. According to his letters of appointment the complainant was subject to the Staff Regulations and Staff Rules of the United Nations, not of UNIDO. And even if in administering the service UNIDO did apply its own Staff Regulations to the complainant he did not on that account become a member of its staff. So any complaint by him that UNDO failed to apply, or misapplied, its Staff Regulations to him is not within the Tribunal's competence."

    Reference(s)

    ILOAT reference: ARTICLE 11 OF THE STATUTE

    Keywords:

    applicable law; competence of tribunal; contract; iloat statute; locus standi; non official; official; rule of another organisation; staff regulations and rules; status of complainant;

    Consideration 12

    Extract:

    "Article II(5) empowers the Tribunal to hear a complaint which an official of an international organisation that has duly recognised its jurisdiction has filed and which alleges non-observance of either the terms of the official's appointment or the Staff Regulations. As the Tribunal said in Judgment 231 [...], those are 'two conditions which in practice coincide'. The reference to 'Staff Regulations' means those of the organisation of which a complainant is or was an official and does not include the Staff Regulations of any other."

    Reference(s)

    ILOAT reference: ARTICLE II(5) OF THE STATUTE
    ILOAT Judgment(s): 231

    Keywords:

    applicable law; breach; case law; competence of tribunal; contract; declaration of recognition; iloat statute; locus standi; official; rule of another organisation; staff regulations and rules; status of complainant;



  • Judgment 1451


    79th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "In Judgment 1932 - submits the [organisation] - the Tribunal held under 18 and 24 that [...] a suit, [filed in the general interests of the civil service,] of which the hallmark is action by staff associations or agents professing to represent them, does not form part of the system of individual appeal that the organisations which have recognised the Tribunal's jurisdiction commonly provide for in their rules and that the Tribunal's own Statute contemplates. The Tribunal need not revert to that case law since this is not such a complaint. It has been filed by several officials with the commendable aim of making the proceedings simpler, and each of them is defending his own individual interests, even though they are the same as the others'. The objection [to receivability for being a 'collective' complaint] fails."

    Reference(s)

    ILOAT Judgment(s): 1392

    Keywords:

    case law; competence of tribunal; complainant; complaint; iloat statute; internal appeal; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union;



  • Judgment 1399


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The first [question] is whether the complainant may come to the Tribunal if he is no longer on the staff of CERN and that is the reason why the Director-General has declined to entertain his internal appeal. There need be no doubt about the answer. [...] The Tribunal is open to any official, 'even' - as Article II (6)(a) of the Statute puts it - 'if his employment has ceased', who lodges a complaint alleging non-observance of the terms of his contract or of the rules that apply to him."

    Reference(s)

    ILOAT reference: ARTICLE II (6)(A) OF THE STATUTE

    Keywords:

    competence of tribunal; former official; iloat statute; locus standi; ratione materiae; ratione personae; receivability of the complaint; status of complainant;

    Consideration 10

    Extract:

    "Inasmuch as Rule VI 1.01 [of the Staff Regulations] confers the right of appeal on 'every member of the personnel' it may be that someone does forfeit that right on leaving the organization and so ceasing to be a staff member provided that the issues they are objecting to or the decisions they are challenging did not occur before they left. There is no danger thereby of any miscarriage of justice since [...] a former official who alleges breach of contract or of the rules he was subject to may still come to the Tribunal."

    Reference(s)

    Organization rules reference: CERN STAFF REGULATION VI 1.01

    Keywords:

    competence of tribunal; former official; internal appeal; locus standi; ratione personae; right of appeal; staff regulations and rules; status of complainant;



  • Judgment 1392


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The appeal procedure set forth in the Service Regulations is, to quote Article 106, an individual appeals system. Such too is the basic feature of the system of appeal embodied in Article II of the Statute of the Tribunal, though it is subject to the provision in Article VII(2) setting a special time limit for appeal against any decision affecting a 'class of officials', which runs from the date of issue. So it is only by virtue of an individual contract of employment with the organisation that someone may lodge a complaint and the complainant may not alter the nature of the suit by declaring when he files the complaint that he is doing so as a staff union representative."

    Reference(s)

    ILOAT reference: ARTICLE II AND ARTICLE VII(2) OF THE STATUTE
    Organization rules reference: ARTICLE 106 OF THE EPO SERVICE REGULATIONS

    Keywords:

    competence of tribunal; complainant; complaint; general decision; iloat statute; internal appeal; locus standi; publication; receivability of the complaint; staff regulations and rules; staff representative; start of time limit; time limit; tribunal;



  • Judgment 1383


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-10

    Extract:

    The organization contends that the Tribunal lacks competence to hear a complaint from a "temporary adviser", whose status does not imply the right of appeal. But the Tribunal finds that the organization has described her "as holding an appointment as [a] short-term consultant. [...] Her contract was for a total of over ninety days, she was therefore not a 'temporary advisory' whithin the meaning of [WHO Manual paragraph] II.12.590." holding a "temporary short-term appointment as a consultant [...] she therefore qualified as a 'staff member'" with the right to appeal. "The rules draw no distinction between 'regular' staff members and the holders of temporary appointments."

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.12.590

    Keywords:

    duration of appointment; external collaborator; internal appeal; locus standi; ratione personae; receivability of the complaint; right of appeal; short-term; staff member; staff regulations and rules;



  • Judgment 1315


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Vide Judgments 1147, consideration 4, and 1269, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1147, 1269

    Keywords:

    case law; collective rights; iloat statute; locus standi; right of appeal; staff regulations and rules; staff representative; staff union;



  • Judgment 1302


    76th Session, 1994
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant submits but the organisation denies that he had the status of an ESO official. "The fact of the matter is that [a private company] employed him on its own behalf, not as an agent of the ESO. Since he is wrong in contending that the ESO was his employer the Tribunal is not competent to entertain his complaint, and it must fail."

    Keywords:

    competence of tribunal; complaint; locus standi; non official; official; receivability of the complaint; status of complainant;



  • Judgment 1269


    75th Session, 1993
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Having held that an official might act in his capacity as representative of the Staff Association in furtherance of common interests before the Tribunal, the Tribunal holds that "it is only fair to acknowledge a similar right for a staff member who, while defending his own case, is also pursuing some particular common interest that the Service Regulations safeguard", even after resigning.

    Keywords:

    locus standi; resignation; right of appeal; staff regulations and rules; staff representative;

    Consideration 13

    Extract:

    "As a staff representative he was filing suit both for himself and in the common interest. Since neither the Service Regulations of the EPO nor the Statute of the Tribunal allow staff associations as such to file suit, the only way for them to safeguard their interests is for individual officials to act as their representatives in furtherance of the common rights and interests of the whole or part of the staff. In Judgment 1147 the Tribunal held, under 3 and 4, that an EPO staff member might in such circumstances act in his capacity as chairman of the Staff Committee."

    Reference(s)

    ILOAT Judgment(s): 1147

    Keywords:

    case law; iloat statute; locus standi; right of appeal; staff regulations and rules; staff representative;



  • Judgment 1260


    75th Session, 1993
    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 order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."

    Reference(s)

    ILOAT reference: ARTICLE II(5) OF THE STATUTE

    Keywords:

    competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;



  • Judgment 1166


    73rd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    "The organization contends that the complaint is irreceivable. In its submission the complainant has no locus standi because he was not an official of CERN, had no relationship of employment with it, did not work for it and was subject to its rules only to a strictly limited extent. [...] In accordance with the terms of his appointment and [the relevant] Staff Rules the complainant was [...] free to [...] lodge a complaint as a member of CERN's staff. [...] But the complaint is irreceivable for another reason [...] the decision he impugns is irrelevant to his contract with CERN".

    Keywords:

    competence of tribunal; contract; decision; locus standi; receivability of the complaint; staff regulations and rules; status of complainant;



  • Judgment 1147


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Staff Committee, which does not even have personality in law, may not itself appeal. But its members may nevertheless rely on their position as such to ensure observance of the Regulations. Indeed that is why Article 34(2) empowers them to enforce their rights. Were that not so the system of staff representation set up by the EPO would prove meaningless. The staff member has a direct interest in making the organisation respect his rights because he derives them directly from his status as such. The contingency is one that Article II of the Tribunal's Statute contemplates. If the EPO were right, a further effect would be to hamper the functioning of a body established under the Service Regulations and acting within the bounds of authority the Regulations set."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE
    Organization rules reference: ARTICLE 34(2) OF THE EPO SERVICE REGULATIONS

    Keywords:

    collective rights; competence of tribunal; locus standi; staff regulations and rules; staff union; status of complainant;



  • Judgment 1052


    69th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant worked in the International Labour Office as a language teacher. Though the complainant was not an ILO official, the Tribunal is competent to hear the complaint under Article II(4) of its Statute.

    Reference(s)

    ILOAT reference: ARTICLE II(4) OF THE STATUTE

    Keywords:

    competence of tribunal; contract; iloat statute; locus standi; status of complainant;



  • Judgment 967


    66th Session, 1989
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The application of the Staff Regulations to the complainant "was expressly excluded by his successive contracts of employment." As a result the Tribunal is not competent to hear the complaint.

    Keywords:

    competence of tribunal; contract; locus standi; staff regulations and rules; status of complainant;



  • Judgment 944


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

    Consideration 2

    Extract:

    The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

    Keywords:

    complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;



  • Judgment 921


    65th Session, 1988
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Either party may in any event apply to the Tribunal directly for interpretation of a judgment at any time after the judgment has been made known."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    application for interpretation; locus standi;



  • Judgment 911


    64th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The organization [...] accepts as a term of every contract of appointment its duty to respect freedom of association, and anyone who has such a contract may challenge any decision that impairs that freedom. What the complainant is saying - indeed it is the sole issue - is that the organization acted in breach of freedom of association. His complaint is therefore receivable insofar as he is suing in his own name."

    Keywords:

    competence of tribunal; enforcement; freedom of association; locus standi; official; receivability of the complaint; staff regulations and rules; staff representative;

    Consideration 2

    Extract:

    The list of those to whom the Tribunal is open as given in Article II[6] of the Statute of the Tribunal "is exhaustive. For one thing, it does not include bodies that have legal personality. For another, even supposing the association, though it is an official body, did not have personality in law but was just a de facto group, it does not hold a contract of appointment with the organization. On both counts it does not have access to the Tribunal under Article II and the complaint is irreceivable insofar as it purports to be a party."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE

    Keywords:

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



  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Any person to whom the Tribunal is open under Article II of its Statute may apply to intervene in a case on the conditions stated in Article 17[2] of the Rules of court. Applications to intervene may be made at any stage, and the Tribunal decides whether they shall be allowed. The applications to intervene in the present case are receivable and the Tribunal's ruling on the merits of the complaints will hold good for the applications as well."

    Reference(s)

    ILOAT reference: ARTICLE 17, PARAGRAPH 2, OF THE RULES;
    ARTICLE II OF THE STATUTE


    Keywords:

    intervention; locus standi; receivability of the complaint; time limit;



  • Judgment 661


    56th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    According to Article II[6] of the Statute of the Tribunal, the Tribunal is open to four categories of complainants: "[1] present officials, [2] former officials, [3] the successors of a deceased official, and [4] those who have some right under the terms of appointment of a deceased official or under some provision of the Staff Regulations on which he could rely."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE

    Keywords:

    competence of tribunal; iloat statute; locus standi; successor;

    Consideration 2

    Extract:

    "The right of appeal to the Tribunal does not belong to everyone but only to those who have sufficiently close links with the organisation [...] Not every former official may lodge a complaint, but only one who is alleging some right arising under the terms of his appointment."

    Keywords:

    condition; locus standi; separation from service;



  • Judgment 655


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    In accordance with Article II of its Statute, "the Tribunal may not hear a claim to compensation for an accident which occurred while the complainant was with the United Nations."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; non official;



  • Judgment 615


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainants observe that they were Chairman and Vice-chairman of the staff union and in their brief they claim as such an award of damages. The [organisation] retorts that insofar as they are appealing as such their complaints are irreceivable [...] the Tribunal will not rule on the plea. What the complainants seek is repayment of the sums they believe were unlawfully deducted from their salary as staff members, and they are therefore acting in their own name."

    Keywords:

    deduction; locus standi; receivability of the complaint; salary; staff representative; staff union;

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