Judgment No. 742

• Organization: International Labour Organization (ILO)
• Date: 17.03.1986
• Original: French
• Judges: Grisel, Ducoux, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 7

Extract:

"Where a provision of the Staff Regulations is amended the Tribunal may order the organisation to apply the old text rather than the new one. Likewise, where provisions of the Staff Regulations are replaced by clauses of an international agreement, the Tribunal may order the organisation to apply the former instead of the latter. The Tribunal is therefore competent."

Keywords

competence of tribunal; international instrument; staff regulations and rules; amendment to the rules; enforcement; provision; pension

Consideration 8

Extract:

"According to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect."

Keywords

effective date; non-retroactivity; international instrument; interpretation; date