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Relief claimed (877,-666)

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Keywords: Relief claimed
Total judgments found: 3

  • Judgment 4422


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.

    Consideration 8

    Extract:

    Regarding the complainantsí subsidiary requests to order that decision CA/D 10/13 be no longer applied and that the EPO be ordered to apply the previous wording of the Pension Scheme Regulations, the effect of the Tribunalís case law is that, if it is found that general decision CA/D 10/13 and the individual implementing decisions deducting the new pension contribution rate from the complainantsí relevant payslips are unlawful, the Tribunal can set aside the individual decisions and may grant consequential relief (see, for example, Judgment 2793, consideration 13, and the case law cited therein). However, if they are found to be lawful, it is not the Tribunalís role to order that decision CA/D 10/13 be no longer applied and that the EPO be ordered to apply the previous wording of the Pension Scheme Regulations that governed their pension contribution rate (see Judgment 3538, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 2793, 3538

    Keywords:

    general decision; pension; relief claimed;



  • Judgment 4241


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint challenges the decision to dismiss her complaint of harassment as unsubstantiated.

    Consideration 4

    Extract:

    [T]he complainant [...] seeks an order that her harasser(s) be subjected to disciplinary sanctions for misconduct. The request is rejected as the imposition of such a measure lies outside of the Tribunalís jurisdiction (see Judgment 3318, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 3318

    Keywords:

    competence of tribunal; injunction; ratione materiae; relief claimed; request to subject someone to disciplinary proceedings;



  • Judgment 2793


    106th Session, 2009
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    Apart from his claim for the quashing of the impugned decision, which must therefore be dismissed, the complainant asks the Tribunal to order the amendment of sub-paragraph d) of Annex C to the Rules of the Pension Fund. Quite apart from the fact that this claim is equally unfounded, it is at all events irreceivable because the Tribunal has no jurisdiction to make such orders (see for example Judgments 1963 and 2244).

    Reference(s)

    ILOAT Judgment(s): 1963, 2244

    Keywords:

    competence of tribunal; relief claimed;


 
Last updated: 15.09.2021 ^ top