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Intervention (70, 804, 805, 806, 807, 808, 809, 810, 811,-666)

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Keywords: Intervention
Total judgments found: 85

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  • Judgment 4700


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges measures reorganising his working time.

    Consideration 8

    Extract:

    The five officials who filed applications to intervene consider themselves to be in a similar situation to that of the complainant in fact and in law, which was acknowledged by the Organisation in its comments on their applications. It is therefore appropriate for the Tribunal to allow these applications to intervene. As a consequence, compensation of 1,000 euros for the breach of their right of appeal and 1,000 euros for the delay in dealing with their internal complaints will also be awarded to each of the interveners.

    Keywords:

    interveners; intervention;



  • Judgment 4670


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.

    Consideration 29

    Extract:

    As the intervener is in a situation in fact and in law similar to that of the complainant, her application to intervene is allowed. She will therefore be entitled to the compensation and interest determined in this judgment, the amount of which will be calculated on the basis of her own situation.

    Keywords:

    interveners; intervention;



  • Judgment 4630


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to treat his participation in a strike as an unauthorised absence.

    Judgment keywords

    Keywords:

    claim moot; complaint dismissed; intervention; strike;



  • Judgment 4629


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to treat their participation in a strike as an unauthorised absence.

    Judgment keywords

    Keywords:

    claim moot; complaint dismissed; intervention; strike;



  • Judgment 4628


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to accept only part of the recommendations of the Appeals Committee on their appeals against the postponement of a strike ballot by the President of the European Patent Office.

    Judgment keywords

    Keywords:

    amicus curiae; claim moot; complaint dismissed; intervention;

    Consideration 1

    Extract:

    In proceedings brought by a complainant in which one or several individuals apply to intervene, the complainant has no legal or other relevant interest in the applications to intervene. In contrast, the defendant organisation does have such an interest as successful applications to intervene can multiply both the legal and practical effect of a judgment in favour of the complainant.

    Keywords:

    intervention;



  • Judgment 4627


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to accept only part of the recommendations of the Appeals Committee on his appeal against the postponement of a strike ballot by the President of the European Patent Office.

    Judgment keywords

    Keywords:

    claim moot; complaint dismissed; intervention;

    Consideration 1

    Extract:

    In proceedings brought by a complainant in which one or several individuals apply to intervene, the complainant has no legal or other relevant interest in the applications to intervene. In contrast, the defendant organisation does have such an interest as successful applications to intervene can multiply both the legal and practical effect of a judgment in favour of the complainant.

    Keywords:

    intervention;



  • Judgment 4316


    130th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the introduction of fixed “bridging days” to balance the number of public holidays at the different places of employment.

    Consideration 21

    Extract:

    Regarding [the] application to intervene, the Tribunal notes that, in order to establish that his situation in fact and in law is similar to that of [the complainant], [the intervener] relies on the fact that, “like the complainant, [he is] personally adversely affected by the [...] ‘decision’ referred to in Communiqué 12 [...] and in particular the purported new Rule 4(b) as introduced into Circular 22 [...]”, and his internal appeals against these decisions were dealt with by an unlawfully constituted appeals committee. Given that none of these matters is raised in [the] complaint, [the] application to intervene is irreceivable.

    Keywords:

    intervention;



  • Judgment 4283


    130th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to cancel a competition in which he was a candidate.

    Consideration 12

    Extract:

    The applications to intervene must, as a consequence of the outcome of the complaint, also be dismissed, without it being necessary to rule on Eurocontrol’s objection to the receivability of some of them.

    Keywords:

    intervention;



  • Judgment 4276


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his performance appraisal under the new merit recognition system established following the 2015 five-yearly review.

    Consideration 14

    Extract:

    The interveners submit that the general decision of the Council of CERN was unlawful and that they, as individuals, are in a legal and factual situation similar to that of the complainant since their performance was rated as “fair” or “insufficient”. However, it must be observed that, in this judgment, the Tribunal has not ruled on whether the general decision of the Council of CERN was lawful, and that the complainant’s performance qualification was cancelled on the basis of the specific grievances that he put forward regarding the individual decision in that respect. The interveners – who moreover failed to file internal appeals – have not proved that they are in a similar legal and factual situation to the complainant and that they could invoke the same grievances with regard to their own performance qualifications.

    Keywords:

    intervention;



  • Judgment 4273


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.

    Consideration 30

    Extract:

    [T]he complaints must be dismissed in their entirety. In consequence, the applications to intervene must also be dismissed.

    Keywords:

    intervention;



  • Judgment 4249


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the implementation of the 2013 comprehensive local salary survey for New Delhi, India.

    Consideration 8

    Extract:

    A number of individuals applied to intervene in these proceedings. As the proceedings have been unsuccessful, the applications to intervene should be dismissed.

    Keywords:

    interveners; intervention; intervention by an individual not admitted;



  • Judgment 4195


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to modify the conditions governing sickness insurance for employees’ spouses.

    Consideration 12

    Extract:

    Given that these joined complaints will be dismissed because they are unfounded, the applications to intervene must also be dismissed.

    Keywords:

    intervention;



  • Judgment 4135


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 5

    Extract:

    There are 90 applications to intervene [...]. WHO argues that a number of the interveners are not in the same position of fact and law as the complainants and they should not be permitted to intervene. The identified differences appear to be that some of these interveners did not seek a review of the impugned decisions or, alternatively, did but then failed to lodge a complaint with the Tribunal. These arguments should be rejected. The threshold for intervention created by Article 13, paragraph 1, of the Rules of the Tribunal is that the intervener “is in a situation in fact and in law similar to that of the complainant” (emphasis added). That is undoubtedly true in the present case. Moreover the failure to exhaust internal remedies (either in whole or part) is not a disentitling factor (see Judgment 2236, consideration 13) nor is the failure to pursue a complaint in the Tribunal. Indeed, had that happened, intervention would not have been possible. The interventions are allowed.

    Reference(s)

    ILOAT reference: Article 13, paragraph 1, of the Rules
    ILOAT Judgment(s): 2236

    Keywords:

    intervention;



  • Judgment 4119


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependants’ allowance.

    Consideration 5

    Extract:

    Given that this complaint will be dismissed because it is irreceivable, the applications to intervene will also be dismissed.

    Keywords:

    intervention; intervention by an individual not admitted;



  • Judgment 4035


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Consideration 14

    Extract:

    Mr E. Z. has submitted an application to intervene in this case. However, under Article 13, paragraph 1, of the Rules of the Tribunal, the sole purpose of such an application is to obtain an order that a judgment on a complaint shall apply to an official who is in a similar situation in fact and in law to the complainant. In this case, however, neither the fact that Mr E. Z. lodged an internal complaint against the Director of the Office for similar conduct to that alleged by the complainant nor the fact that he lodged another internal complaint on the complainant’s behalf supports a finding that he is in a similar situation in fact and in law to the complainant which would justify ordering that this judgment be applied to him. His application to intervene will therefore be dismissed.

    Keywords:

    intervention;



  • Judgment 4028


    126th Session, 2018
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.

    Consideration 16

    Extract:

    Several applications to intervene have been filed. The procedural flaw affecting the internal appeal of Ms D. and Mr D. concerns only these two complainants. As the remaining pleas have been dismissed, the applications to intervene must also be dismissed.

    Keywords:

    intervention;



  • Judgment 4003


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.

    Consideration 18

    Extract:

    Since the complainant succeeds, she is entitled to an award of costs, as is Mr P. L., whose application to intervene is allowed. The Tribunal sets the award of costs for Mr P. L. at 500 euros as he was not represented by a lawyer and did not need to provide extensive submissions in his application to intervene. The complainant, considering the complexity of the case, is awarded costs in the amount of 20,000 euros.

    Keywords:

    costs; costs awarded; intervention;

    Consideration 12

    Extract:

    The application to intervene of Mr P. L. is allowed insofar as it relates to the claim of breach of the organization’s duty of care and was accepted by the ICC. Mr K.’s application to intervene is rejected as he is not in a similar situation in fact and in law to that of the complainant, inasmuch as the complainant filed a timely claim for compensation whereas Mr K. did not.

    Keywords:

    intervention;



  • Judgment 3941


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a Circular that implements amendments to the Rules of the Medical Benefits Fund.

    Consideration 7

    Extract:

    As the interveners are in the same position in fact and in law as the complainant, their applications to intervene are accepted and they are also entitled to moral damages.

    Keywords:

    intervention; moral injury;



  • Judgment 3926


    125th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who was recruited on 15 May 2000 as a student air traffic controller, challenges the application of provisions adopted after his recruitment.

    Consideration 6

    Extract:

    Since the complaint is dismissed, the applications to intervene must also be dismissed.

    Keywords:

    intervention;



  • Judgment 3908


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and terminate his appointment.

    Consideration 22

    Extract:

    There are three applications to intervene. Two of the applicants signed separation agreements agreeing not to contest the terms of the agreement. This is a material factual and, potentially, legal difference which justifies refusal of the applications to intervene. The third applicant has separate proceedings ongoing before the Tribunal challenging the termination of employment. Intervention in the present proceedings is not, in those circumstances, warranted. The applications to intervene are dismissed.

    Keywords:

    intervention;

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Last updated: 07.03.2024 ^ top