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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 580


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."

    Keywords:

    candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;



  • Judgment 509


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organisation argues that the Tribunal may only hear complaints filed by serving officials. "The argument fails. When someone leaves the staff he is entitled, then as indeed throughout his career, to compliance with the staff regulations. A tribunal is competent in regard to every aspect of the official's service, and the grant of a certificate is a necessary incident of his employment."

    Keywords:

    certificate of service; locus standi; receivability of the complaint; retirement; right of appeal; separation from service;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal believes that any violation of the right to freedom of association, i.e. the right to set up a professional association, may be impugned by the holder of a contract of appointment. However, the staff association itself may not intervene in this case, since access to the Tribunal is restricted to officials alone.

    Keywords:

    cause of action; contract; freedom of association; locus standi; official; receivability of the complaint; staff union;

    Consideration 7

    Extract:

    "The staff association, being the formal organisation created under [the rules], seeks to intervene as a 'collective personality'. It is unnecessary to decide whether or not the association has such personality. Assuming that it has, it is not a personality which holds a contract of appointment by the organization so it is not a person to whom the Tribunal is open under Article II" of the Statute. The intervention is not receivable.

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

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



  • Judgment 449


    46th Session, 1981
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complaint was filed against an organisation which has recognised the Tribunal's jurisdiction but never employed the complainant as a member of its staff. Nor does the complainant allege having acceded to any of the rights of one of its officials. The complaint is summarily dismissed.

    Keywords:

    locus standi; non official; ratione personae; status of complainant; summary procedure;



  • Judgment 394


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant, the brother of a deceased official, was not himself a member of the organization. "Nor is it proved that he was a person to whom the official's right devolved on his death, nor that he might derive rights from the contract of employment of the deceased, nor from the provisions of the staff regulations. Hence, in view of Article II, paragraph 6, of the Statute of the Tribunal, he has no locus standi and his complaints must [...] be dismissed."

    Reference(s)

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

    Keywords:

    family relationship; locus standi; ratione personae; successor;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.

    Keywords:

    contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;



  • Judgment 231


    32nd Session, 1974
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was seconded by NORAD to GATT, an organisation which has recognised the competence of the Tribunal. He did not conclude a contract of appointment with GATT and was not subject to its Staff Regulations. His contract merely stated that he was subject to the latter organisation's working conditions.

    Keywords:

    competence of tribunal; consequence; contract; locus standi; non official; right of appeal; secondment; staff regulations and rules; status of complainant;



  • Judgment 224


    31st Session, 1973
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."

    Keywords:

    cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;



  • Judgment 173


    26th Session, 1971
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[A]n organization may not submit a complaint to the Tribunal nor [...] claims for the modification of the impugned decision to the prejudice of the complainant." It may simply propose that the original complaint be dismissed in whole or in part. "Consequently, the organization's claims in the present case are irreceivable to the extent that they relate to the reduction of the complainant's pension."

    Reference(s)

    ILOAT Judgment(s): 141

    Keywords:

    claim; counterclaim; impugned decision; locus standi; pension; reply;

    Consideration 1

    Extract:

    "According to Article II, paragraph 6, of the Statute of the Tribunal, the Tribunal shall be open only [a] to the official, even if his employment has ceased, and to any person on whom the official's rights have devolved on his death; [b] to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the staff regulations on which the official could rely."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
    ILOAT Judgment(s): 141

    Keywords:

    iloat statute; locus standi;



  • Judgment 171


    25th Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

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



  • Judgment 137


    22nd Session, 1969
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant holds a contract with a distinct administrative body and is subject to its Staff Regulations. Although that body has established close links with another organization which has recognised the competence of the Tribunal, and although its office serves in particular as the latter's regional office, it is nonetheless an independent body with its own staff under its sole authority. In the absence of any agreement on this point with the organization, the jurisdictional guarantees do not apply.

    Keywords:

    competence of tribunal; locus standi; status of complainant;

    Considerations

    Extract:

    While maintaining links with an organisation having recognised the competence of the Tribunal, the complainant's employer is an independent body. The Tribunal has no jurisdiction. "In view of the reasonable doubts that the complainant may have had on the question of jurisdiction, the Tribunal, which itself ordered additional measures of investigation, considers it equitable, in spite of the dismissal of the complaint, to award him costs ".

    Keywords:

    competence of tribunal; costs; locus standi; status of complainant;

    Consideration 2

    Extract:

    "The Tribunal recognises that as a result of holding that it lacks jurisdiction the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged breach of his contract. However, the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence, and it is for the organisation concerned itself to determine whether it is desirable to provide its employees with a safeguard which is enjoyed by the great majority of international officials at the present time."

    Keywords:

    competence of tribunal; locus standi; right of appeal; safeguard; status of complainant; vested competence;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."

    Keywords:

    contract; enforcement; external collaborator; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;



  • Judgment 117


    19th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".

    Keywords:

    competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 82


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant requests compensation for the prejudice suffered as a result of the delay by the organisation in giving effect to the judgment. Intervenors x,y and z, insofar as they are acting on their own behalf, do not enjoy any right liable to be affected by the present judgment; they are also acting on behalf of the staff, who have no cause to intervene in the present proceedings. Their interventions are accordingly not receivable.

    Reference(s)

    ILOAT Judgment(s): 61

    Keywords:

    cause of action; intervention; lack of injury; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;



  • Judgment 81


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    As for the complainant's rights under Article II, paragraph 6(b), of the Statute of the Tribunal, the provision "establishes a close link between the rights of the deceased official and the persons which it is designed to cover. However, such persons could not claim a right under a contractual or a statutory clause which the official was not entitled to invoke. Moreover, neither are they entitled to contest the validity of clauses which the official was called upon to respect."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6(B), OF THE STATUTE

    Keywords:

    complainant; limits; locus standi; right; successor;



  • Judgment 80


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The Staff Regulations of the organisation and the regulations for its staff superannuation and benevolent funds expressly recognise the Tribunal's competence. "Since the present complaint emanates from a former official of [the organisation] and concerns the settlement of her pension rights, the Tribunal is competent to hear it."

    Keywords:

    competence of tribunal; locus standi; pension; pension entitlements; receivability of the complaint; retirement; status of complainant;



  • Judgment 75


    12th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant's status must be regarded as purely contractual. "It is of little account that the [...] contract describes the complainant as a medical officer. This title relates solely to the nature of the work to be performed by the complainant, but does not affect his legal status. On the contrary, his legal status is defined [in the contract] which stipulates that "the present contract does not confer upon the holder the title of official of the [...] organization." [The Tribunal is not competent].

    Keywords:

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

    Consideration 3

    Extract:

    "Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

    Keywords:

    competence of tribunal; contract; locus standi; member state; staff member's duties; status of complainant;



  • Judgment 71


    12th Session, 1964
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Paragraph 6 of Article II of the Statute of the Tribunal reserves access to the Tribunal to officials of the organisations defined in paragraph 5 of the same article [...] to any person on whom an official's rights have devolved on his death; and to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the Staff Regulations on which the official could rely."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE

    Keywords:

    definition; iloat statute; locus standi;

    Consideration 5

    Extract:

    "It results from an examination of the correspondence exchanged between the organization and the complainant that no legal relationship whatsoever was ever established between [the complainant and the organization]; that consequently, the complainant cannot be considered as an official of the organization in the sense of [...] Article II, paragraph 6, [of the Statute of the Tribunal]; and that, therefore, his complaint is not receivable."

    Reference(s)

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

    Keywords:

    candidate; competence of tribunal; external candidate; locus standi; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 68


    12th Session, 1964
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 71, consideration 5.

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE
    ILOAT Judgment(s): 71

    Keywords:

    definition; iloat statute; locus standi;

    Consideration 2

    Extract:

    "The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.

    Keywords:

    burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 67


    11th Session, 1962
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal recognises that as a result of holding that it lacks jurisdiction, the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged violations of her contract; but the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence."

    Keywords:

    competence of tribunal; effect; external collaborator; locus standi; right of appeal; vested competence;

    Summary

    Extract:

    The complainant was recruited for a conference; her contract stipulated that she would not be considered as a member of the staff. Following a serious accident which she suffered whilst in the service of the organization, she requested that the latter pay her the amount of the indemnity offered to her in compensation for her permanent incapacity, under the individual insurance policy. The Tribunal considers the complainant as a purely casual employee and that it lacks jurisdiction.

    Keywords:

    competence of tribunal; external collaborator; locus standi; right of appeal; status of complainant;

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