Binding character (581,-666)
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Keywords: Binding character
Total judgments found: 58
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Judgment 1403
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Although the rules do not provide for the grant of a so-called typist's allowance for clerical officers, Eurocontrol has on an individual basis and upon application granted it to clerical officers who met certain objective conditions. "So the question at issue is whether Eurocontrol is bound in law by such long-standing practice. As was held in Judgment 421 [...] and again in Judgment 1053 [...] an organisation may be so bound where the practice is one that the staff have come to rely on."
Reference(s)
ILOAT Judgment(s): 421, 1053
Keywords:
allowance; binding character; case law; criteria; organisation's duties; practice; staff regulations and rules;
Consideration 12
Extract:
A practice "will be enforceable if it was intended to have a contractual effect, and that is an issue that turns on the circumstances of each case."
Keywords:
binding character; condition; practice;
Consideration 14
Extract:
Having placed a liberal construction on the applicable rule, Eurocontrol granted certain clerical officers payment of the so-called typist's allowance. This established a practice which remains in force until such time as a decision is taken to amend or abolish it. "Payment of the allowance to the complainant was a matter, not of discretion, but of obligation, and Eurocontrol's delay in discharging it entitles her to interest."
Keywords:
binding character; delay; interest on damages; organisation's duties; practice; staff regulations and rules;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
Eurocontrol "has consistently maintained that its following the [European] Communities does not impair its administrative autonomy or its right to set pay according to its own needs. So, although it eventually put an end to discrepancies that had proved rather awkward than helpful, that does not at all mean that alignment with pay in the communities must be immediate and complete."
Keywords:
binding character; law of european communities; limits; organisation's interest; salary;
Judgment 1138
72nd Session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant "is mistaken in thinking that the Director-General was bound to accept the Board's recommendations. What it offered was advice that there should be further assessment of him [...] but that advice was not accepted: the Director-General decided instead to abide by the decision not to renew his contract. That cannot be construed as the overlooking of any essential fact."
Keywords:
advisory body; advisory opinion; binding character; recommendation;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A construction which an international organisation wilfully and consistently puts on a rule for years may become a binding element of personnel policy to be applied to everyone who is in the same position in law and in fact. That flows from the general principles that an organisation must show good faith and frame personnel policy in objective terms. Yet it may alter a construction it was not required to follow provided that it does not thereby offend against any of its written rules."
Keywords:
amendment to the rules; binding character; general principle; good faith; interpretation; practice; staff regulations and rules;
Judgment 1107
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."
Keywords:
acceptance; appointment; binding character; compensatory allowance; compensatory measure; contract; elements; good faith; offer; reduction of salary; salary; transfer;
Judgment 1086
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Having accepted the International Civil Service Commission's Statute, the IAEA must treat the Commission's recommendations as binding insofar as they are clear.
Keywords:
binding character; enforcement; icsc decision; organisation;
Judgment 1053
69th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal held in Judgment 421 [...], [a legal] obligation may be created by the establishment of a practice on which the staff have come to rely. Enforcement of the practice will depend on whether it was intended to have contractual effect, and that must be determined in the circumstances of each case."
Reference(s)
ILOAT Judgment(s): 421
Keywords:
binding character; effect; practice;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."
Reference(s)
Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS
Keywords:
binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."
Keywords:
binding character; difference; effect; enforcement; period; provision; provisional measures; staff regulations and rules; suspensive action; written rule;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"Whether or not the decision [of the International Civil Service Commission] is put into the Staff Regulations is immaterial: be that as it may it is binding on the Director-General only if lawful."
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Vide Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The organization submits that it followed a practice introduced by the master standard for job classification which the International Civil Service Commission has approved and which applies throughout the United Nations system. But the master standard does not apply directly to the staff of the international organisations: it consists of mere guidelines which the organisations are free to introduce into their own regulations."
Keywords:
administrative instruction; binding character; enforcement; general decision; icsc decision; post classification; practice; rule of another organisation; staff regulations and rules;
Judgment 740
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The wording of the relevant guidelines "is such that they cannot be treated as a mere statement of policy: they set objective criteria for dealing with individual cases."
Keywords:
administrative instruction; appointment; binding character; criteria; general decision; grade; promotion; step;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
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