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Power of attorney (766,-666)

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Keywords: Power of attorney
Total judgments found: 14

  • Judgment 4550


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the “social democracy” reform introduced by decision CA/D 2/14 and implemented in particular by Circular No. 356.

    Consideration 19

    Extract:

    The complainant requests that all staff members who have lodged an internal appeal which has been considered by the Appeals Committee since 1 July 2014, be given the opportunity to have it reconsidered with a view that a new final decision be taken. He seeks compensation in the amount of 100 euros for each case dealt with by the Appeals Committee between 1 July 2014 and the date of delivery of the present judgment. However, since the complainant does not provide evidence that he is acting on delegation of authority from the employees concerned, he has no standing to make such claims on their behalf, and cannot claim compensation for their own prejudices. His claims in that respect must therefore be rejected as they concern third parties.

    Keywords:

    locus standi; power of attorney;



  • Judgment 4051


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Considerations 9-10

    Extract:

    The complainant’s evidence is that although he was represented by a lawyer at the time, the Chairman’s letter of 23 February 2015 was sent directly to him and he received it around 5:45 pm. He did not open it because of his health condition, but passed it on to his lawyer the same afternoon. His lawyer was not at his office and only took notice of the contents of the letter the following day. On 2 March his lawyer requested that all documents should be served on him (the lawyer), referring to medical certificates stating that the Office should refrain from contacting the complainant directly to avoid worsening his medical condition. [...]
    The Tribunal accepts the EPO’s submission that in the absence of a specific power of attorney from the complainant the Disciplinary Committee cannot be faulted for having notified the complainant directly in that first communication to him. [...]

    Keywords:

    power of attorney;



  • Judgment 3462


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint, clearly irreceivable, is summarily dismissed.

    Consideration 2

    Extract:

    The complainant’s representative states that there are also four applications to intervene in this case, but he has failed to provide a power of attorney enabling him to represent the individuals concerned before the Tribunal. The power of attorney provided in the file is clearly limited to internal appeal RI/33/10. The Tribunal therefore disregards the submissions regarding the purported applications to intervene.

    Keywords:

    intervention; power of attorney;



  • Judgment 3424


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Consideration 4

    Extract:

    "In his rejoinder, the complainant contests the receivability of the Fund’s reply, on the grounds that it was submitted by a person who did not have the requisite capacity. However, the Fund’s reply and surrejoinder are signed by a lawyer who is a member of the bar in Member States of international organisations that have recognized the jurisdiction of the Tribunal, and who has produced a power of attorney duly issued by the Fund. He is consequently entitled, under Article 5, paragraphs 3 and 4, of the Tribunal’s Rules, to represent the Fund in the present case."

    Keywords:

    counsel; power of attorney; reply;



  • Judgment 3423


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Consideration 5

    Extract:

    In their rejoinder, the complainants contest the receivability of the Fund’s reply, on the grounds that it was submitted by a person who did not have the requisite capacity. However, the Fund’s submissions are signed by a lawyer who is a member of the bar in Member States of international organisations that have recognized the jurisdiction of the Tribunal, and who has produced a power of attorney duly issued by the Fund. He is consequently entitled, under Article 5, paragraphs 3 and 4, of the Tribunal’s Rules, to represent the Fund in the present case.

    Keywords:

    power of attorney; reply;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.

    Consideration 6

    Extract:

    In his rejoinder the complainant challenges the receivability of the EPO’s reply on the grounds that it has not been signed by a person with authority to do so. However, Article 5, paragraph 4, of the Rules of the Tribunal does not require a defendant organisation to provide a power of attorney where, as in this case, it is represented by one of its officials (see, for example, Judgment 2965, under 10). This objection will therefore be dismissed.

    Reference(s)

    ILOAT Judgment(s): 2965

    Keywords:

    power of attorney; reply;



  • Judgment 3125


    113th Session, 2012
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The defendant [...] asserts that the complaint is irreceivable because it was not signed by the complainant herself and
    the person who is presented as her agent has not submitted a power of attorney, as required by Article 5, paragraph 2, of the Rules [of the Tribunal].
    The complainant states that a power of attorney was filed with the Registry of the Tribunal, which acknowledged it, and this has been verified.
    This objection to receivability must therefore be dismissed as factually unsound.

    Keywords:

    counsel; power of attorney;



  • Judgment 3087


    112th Session, 2012
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Commission contests the receivability of the complaint on the grounds that it breaches paragraphs 1 and 2 of Article 5 of the Rules of the Tribunal. As a power of attorney was filed with the Tribunal’s Registrar, who, in accordance with Article 6 of the Rules, then forwarded a copy of the complaint to the defendant Organization, there was no violation of Article 5.

    Keywords:

    power of attorney;



  • Judgment 2981


    110th Session, 2011
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Commission objects to the receivability of the complaint on the grounds that the complainant has failed to comply with the requirements of paragraphs 1 and 2 of Article 5 of the Rules of the Tribunal. As a power of attorney was filed with the Tribunal’s Registrar, who, in accordance with Article 6 of the Rules, then forwarded a copy of the complaint to the defendant, there is no violation of Article 5 and the objection is rejected.

    Keywords:

    power of attorney;



  • Judgment 2965


    110th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9-10

    Extract:

    [T]he complainant challenges the receivability of the Organization’s reply [...]. He contends that [...] there is no indication that the Director-General had delegated his authority to its signatory and that the page bearing the signature is “dubious and illegal” because it has been numbered by hand. [...]
    [...] With regard to the signing of the reply, the Tribunal draws attention to the fact that, under Article 5, paragraph 4, of its Rules, a defendant organisation is not obliged to provide a power of attorney when it is represented by a serving or former official.

    Keywords:

    power of attorney; reply;



  • Judgment 2943


    109th Session, 2010
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Commission contests the receivability of the complaint on the grounds of violation of the principles of double jeopardy and of res judicata, as well as violation of paragraphs 1 and 2 of Article 5 of the Rules of the Tribunal. As a power of attorney was filed with the Tribunal’s Registrar, who, in accordance with Article 6 of the Rules, then forwarded a copy of the complaint to the defendant organisation, there is no violation of Article 5.

    Keywords:

    power of attorney;



  • Judgment 2879


    108th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The Tribunal observes that at no time throughout the various proceedings was there a finding that the complainant herself was the source of the article. As already indicated, in its report [...] the Joint Advisory Committee identified two key considerations that led to its conclusion that the complainant was responsible. As to the first consideration and the reliance on the power of attorney, it must be observed that the power of attorney only authorised and was limited to the taking of lawful actions and has to be understood in the light of the professional duties promulgated by the Rules and Customs of the Geneva Bar Association. If in fact Mr A. was the journalist’s source, that was clearly contrary to his professional duty and beyond the scope of the authority granted in the power of attorney. Consequently, the finding that the granting of a power of attorney made the complainant responsible for the article is an error of law.

    Keywords:

    power of attorney;



  • Judgment 2534


    101st Session, 2006
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    That is the decision impugned by the complainant, whose submissions are signed by a person who, according to the defendant, is not qualified to represent him, since he is neither a serving nor a former official of the Office who would be entitled as such to defend the complainant’s case pursuant to Article 5(1) of the Rules of the Tribunal, and since he has not produced the power of attorney required by Article 5(2). The Tribunal rejects this objection to receivability: firstly, the parties’ submissions show that the representative chosen by the complainant has indeed produced a power of attorney signed by the latter; secondly, even though it is correct that the representative was recruited by the ILO Staff Union for only a short time, a statement signed on 3 March 2005 on behalf of the Director-General indicates that he “was a staff member of the International Labour Office (ILO) in Geneva from 2 August 2004 to 31 December 2004”. The complaint is therefore receivable.

    Keywords:

    counsel; power of attorney;



  • Judgment 995


    68th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant argues that he gave his counsel a power of attorney and that he was not well enough to go through the appeal procedure himself; indeed that is why he did not attend the Board hearings but, not being allowed to have his counsel, was represented by a member of the Secretariat.
    Such pleas might militate in favour of less strict application of the rules had the complainant, by reason of UNESCO's acts or even of its omissions, failed to grasp the consequences of his attitude. But he knew what they would be: when his counsel lodged the internal appeal on 10 October 1987 the acting Director of the Bureau of Personnel replied pointing out that it did not satisfy the requirements of the Board's Statutes and asking him "to get Mr. Agbo himself to write to the Director-General if he wants to pursue his case before the Board".
    The general power of attorney he signed on 15 September 1987 in favour of authorising his counsel to act on his behalf cannot make his internal appeal valid: a power of attorney does not have the same effect in law as an appeal bearing the appellant's own signature.

    Keywords:

    counsel; power of attorney;


 
Last updated: 07.03.2024 ^ top