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Cause of action (77,-666)

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Keywords: Cause of action
Total judgments found: 273

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  • Judgment 1689


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Agency replies that [...] where candidates are found suitable and put on a par no explanation is called for, though 'a reasoned report would have made sense had the Board put the two candidates in order of preference'. The plea is unsound. It postulates that the complainant was unaffected by the finding that he was as fit for the post as the other candidate, and in any event overlooks the fact that the candidates are in competition. [...]. If two are ranked ex aequo each may have an interest in contending that the other should have been marked lower. [...]. In any event the final ranking [...] must be accounted for."

    Keywords:

    candidate; cause of action; competition; duty to substantiate decision; selection board;



  • Judgment 1680


    84th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Organization "cites the ruling in Judgment 1394 [...] that there is no question of 'quashing a decision that no longer exists and therefore has no effect in law'. But the precedent holds good only where the decision impugned has been retroactively withdrawn and has had no effect in law."

    Reference(s)

    ILOAT Judgment(s): 1394

    Keywords:

    cause of action; claim moot; effect; impugned decision; withdrawal of decision;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(a)

    Extract:

    "A claim to a ruling in law will be receivable only if the complainant shows some cause of action. Generally he may not do so if he may instead challenge a specific decision in support of his claim to redress. "Here the complainant makes two claims to rulings in law. The first seems to have been made only to lend substance to his claims to redress. "It cannot stand on its own since it shows no cause of action that the complainant may have."

    Keywords:

    cause of action; claim; receivability of the complaint;



  • Judgment 1660


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."

    Keywords:

    case law; cause of action; competence of tribunal; complaint; executive body; general decision; individual decision; injury; lack of injury; pension; receivability of the complaint;



  • Judgment 1641


    83rd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainants are challenging the methodology laid down for carrying out salary surveys and a decision by WIPO reflected in their pay slips to apply that method. The Tribunal holds that they have a cause of action, which is is to obtain from the Tribunal "a declaration that the rule and the decision they are challenging would still be unlawful even if they had later got the increase that was withheld for the six months prior to the general survey. They would indeed have been slightly better off had they received the increase earlier. They are also entitled to a decision as to whether the rule they are challenging holds good for the future."

    Keywords:

    adjustment; cause of action; decision; decision quashed; increase; increment withheld; inquiry; investigation; payslip; receivability of the complaint; salary; scale;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Even if she were unqualified for the post the complainant would not forfeit her right to challenge the appointment."

    Keywords:

    cause of action; competition; condition; internal candidate; receivability of the complaint; vacancy notice;



  • Judgment 1549


    81st Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".

    Keywords:

    appointment; candidate; case law; cause of action; competition; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;

    Consideration 8

    Extract:

    "Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."

    Reference(s)

    ILOAT Judgment(s): 729

    Keywords:

    appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;



  • Judgment 1542


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A complaint is receivable only if it is about an individual official's status as an employee of the organisation, not about the collective interests of trade unionists." Insofar as the present complaint purports to be made on behalf of a trade union it is irreceivable.

    Keywords:

    cause of action; competence of tribunal; complainant; complaint; contract; locus standi; receivability of the complaint; staff representative; staff union; status of complainant;

    Consideration 7

    Extract:

    "The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."

    Keywords:

    breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;



  • Judgment 1520


    81st Session, 1996
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The general decisions which the Assembly and Executive Council of the WTO took and which came into effect as announced in the circular affect the complainants' right to legal status in line with the common system, particularly as to the amounts of end-of-service entitlements, notice of dismissal and the general rules on retirement pensions. None of those provisions - some of which have indeed been dropped - directly infringes any of the rights that the complainants are asserting. They may, if they so wish, properly challenge any individual decision that applies to the provisions. Insofar as they are challenging the circular their complaints are therefore irreceivable."

    Keywords:

    amendment to the rules; cause of action; coordinated organisations; general decision; individual decision; receivability of the complaint; rule of another organisation; staff regulations and rules; terms of appointment;

    Consideration 7

    Extract:

    The complainants are challenging a "decision refusing their claim to a promise from the Organization to preserve the rights they had under the old Staff Regulations and Rules. Any decisions that may be taken to give effect to the general rules will be challengeable provided that there is some actual dispute for the Tribunal to rule on. Here there is none. The complainants cite no individual decision that causes them injury. They may not contrive such dispute by seeking promises from the Organization."

    Keywords:

    amendment to the rules; cause of action; complaint; general decision; individual decision; no cause of action; receivability of the complaint; staff regulations and rules;



  • Judgment 1510


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "An international civil servant may not ordinarily impugn a general rule that does not affect himself. Yet he may challenge any individual decision that does him injury; in so doing he may support his claims with any plea he likes; and he may thus plead breach of some general principle or of a written rule or clause of his contract that constitutes a term of appointment." The complainants are "just as free to plead flaws in the material rules as any mistakes of law or fact in assessing the peculiarities of their own position."

    Keywords:

    breach; cause of action; complaint; contract; general decision; general principle; individual decision; receivability of the complaint; terms of appointment;



  • Judgment 1497


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be."

    Keywords:

    candidate; cause of action; competition; equal treatment; good faith; organisation's duties;



  • Judgment 1452


    79th Session, 1995
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant has come to the Tribunal without waiting for the completion of the internal appeal procedure and for the final decision by the Director-General that will result therefrom. He has therefore failed to exhaust the means of internal appeal and there is no final decision yet for him to impugn. Article VII(3) does not apply."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    absence of final decision; cause of action; complaint; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1451


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

    Consideration 20

    Extract:

    "The [amendment in question] strikes out of the terms of employment ipso facto the safeguard of international judicial review and vests jurisdiction in municipal courts instead. The amendment brings about an immediate and almost irreversible change in the system of appeal. So [...] every staff member has an actual and present interest in having light shed on the matter. The Tribunal affords guarantees of a system of international law within the bounds of its competence: see Judgments 1265, under 24, and 1328, under 13. It would therefore be wrong to deny the staff the right of appeal on the grounds that the impugned decision is general in purport."

    Reference(s)

    ILOAT Judgment(s): 1265, 1328

    Keywords:

    amendment to the rules; case law; cause of action; competence of tribunal; complaint; general decision; internal appeal; municipal court; receivability of the complaint; right of appeal; safeguard; staff regulations and rules; tribunal;

    Consideration 19

    Extract:

    The organisation objects to the receivability of the complaint because "the impugned decision makes amendments to the regulations and is therefore a general one about the tenor of rules. As was said in Judgment 1393, under 6 to 8, the Tribunal has often ruled on the issue, especially for the purpose of determining when the time limit starts for appeal. It has held that where a general decision gives rise to decisions affecting individuals the time limit is set off only on notification to the official of the individual decision that affects him. Moreover, as was held in Judgment 1000, under 12, the employee may, when impugning an individual decision that touches him directly, 'challenge the lawfulness of any general or prior decision [...] that affords the basis of the individual one'. In sum, the staff member need not ordinarily impugn at once a general decision he believes has caused him injury but may, without any risk of being time-barred, wait until the general decision affects him in the form of an individual one."

    Reference(s)

    ILOAT Judgment(s): 1000, 1393

    Keywords:

    amendment to the rules; case law; cause of action; complaint; date of notification; general decision; individual decision; internal appeal; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;



  • Judgment 1439


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The grant of promotion with effect from [a given date] is an administrative decision which the complainant was entitled to challenge".

    Keywords:

    cause of action; date; decision; effective date; promotion;



  • Judgment 1435


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."

    Keywords:

    absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The impugned decision having been withdrawn and declared null and void by its author, "whatever his reasons for doing so may have been, the only possible inference is [...] that the complainant has no cause of action and his complaint is therefore irreceivable." The Tribunal need not rule on the substantive question he raises in the absence of any substantive dispute between the parties.

    Keywords:

    cause of action; competence of tribunal; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 1430


    79th Session, 1995
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".

    Keywords:

    cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;



  • Judgment 1423


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."

    Keywords:

    cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;



  • Judgment 1399


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

    Consideration 13

    Extract:

    "CERN's refusal to produce minutes of meetings of the Joint Advisory Appeals Board in no way impaired [the complainant's] interests insofar as the hearings were recorded on tape to which [the organization] has expressly allowed him access from the outset. [...] Even though such practice is not in line with Regulation R VI 1.09 the omission is not in the circumstances a serious one."

    Reference(s)

    Organization rules reference: CERN REGULATION R VI 1.09

    Keywords:

    cause of action; consequence; flaw; internal appeal; internal appeals body; practice; procedure before the tribunal; staff regulations and rules;



  • Judgment 1394


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

    Consideration 4

    Extract:

    "At the date of filing [...] the decision [the complainant] is impugning did indisputably cause him injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail."

    Keywords:

    application for quashing; cause of action; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;

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