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Judgment No. 335

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

According to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "The provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." Limited power of review by the Tribunal.

Keywords

place of origin; exception; amendment to the rules; home; judicial review; discretion

Consideration 5

Extract:

"The authorities of the Institute are not bound, unless there be a provision to that effect, by the rules which govern the staff of the European Communities."

Keywords

applicable law; law of european communities; rule of another organisation; coordinated organisations

Consideration 3

Extract:

"What is generally meant by someone's place of origin is the place to which he belongs or at least where his family has been settled for one or more generations. At the least it may be the place where his family is living. The term would be strained beyond normal usage, however, if the place of origin of a married man were taken to be the place where his wife has relatives or property."

Keywords

place of origin; definition



 
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