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Application for quashing (540,-666)
You searched for:
Keywords: Application for quashing
Total judgments found: 43
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Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"The [organisation pleads] that to quash a general decision on an application from a few might damage the interests of others who wanted it to remain in force. The plea is certainly material since [...] the staff of the UPU seem to disagree about the amendment [in question]. But the Tribunal is satisfied that when a decision has been challenged, albeit by only a few, it has a duty to rule in full objectivity and as soon as possible. The Union itself has well defended the interests of those who want to keep the decision, and they themselves may do so by filing applications to intervene."
Keywords:
amendment to the rules; application for quashing; complaint; general decision; intervention; receivability of the complaint; staff member's interest; 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his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn.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;
Judgment 1375
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The want of proper delegation of the right to sign will not necessarily be fatal to a decision. What matters is the actual wording, and it may be necessary to refer to the evidence to determine who really took it."
Keywords:
application for quashing; decision; decision-maker; delegated authority; judicial review;
Judgment 1368
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."
Reference(s)
ILOAT Judgment(s): 1329
Keywords:
acquired right; application for quashing; breach; contract; general decision; individual decision; payslip; receivability of the complaint; staff regulations and rules;
Judgment 1350
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant may not seek "the quashing of what he calls the 'decision' of the appeals board: according to the Staff Regulations the Board merely gives an opinion that is not binding on the Director-General".
Keywords:
advisory body; application for quashing; decision; decision quashed; internal appeals body; receivability of the complaint; report;
Judgment 1341
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;
Judgment 1270
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Articles 106 to 113 [of the EPO Service Regulations] the filing of an appeal presupposes that the organisation has already taken a decision that adversely affects the staff member or that he has submitted to it a request for a decision he is entitled to under the Regulations. So the essence of the prescribed procedure is that it affords a means of having a decision reversed. The staff member may not secure a right of appeal by putting forward a claim to compensation that is unconnected with an express or implied decision challengeable under Article 106."
Reference(s)
Organization rules reference: ARTICLES 106 TO 113 OF THE EPO SERVICE REGULATIONS
Keywords:
application for quashing; cause of action; decision; express decision; implied decision; staff regulations and rules;
Judgment 1203
73rd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The complainants went on strike and the organisation sent them an "open letter" and individual letters drawing their attention to their obligations under the rules. Those are the letters they impugn. According to Article VII(1) of the Tribunal's Statute what a complainant is required to impugn is a "decision". "As was held in Judgment 112, a plea to quash may be directed only against a decision, that is, 'an act deciding a question in a specific case'. And in Judgment 532 the Tribunal construed the term to mean 'any action by an officer of the organisation that has a legal effect'. In sum, a decision is any act by the defendant organisation that has an effect on an official's rights and obligations." In this case "the Tribunal finds nothing in either the individual letters or the open one that it may properly construe as a 'decision' within the above definition."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 112, 532
Keywords:
absence of final decision; application for quashing; case law; cause of action; decision; definition; receivability of the complaint;
Judgment 1135
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant is challenging the inclusion in his personal file of correspondence which he submits has no place there. The Tribunal holds that "the make-up of the file is subject to formal rules calculated to guard against the filing throughout the staff member's career of documents about his conduct which have not been drawn up with due regard to elementary safeguards of his rights."
Keywords:
application for quashing; elements; personal file;
Judgment 1075
70th Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The complainant seeks the quashing of his appraisal report on the grounds that it had been drawn up during a period of conflict with his supervisors. However, the report was prepared jointly by three supervisors. "[S]uch joint participation obviated any danger there would have been in having a report drawn up by a supervisor with whom the complainant had had a clash of personality or other form of conflict".
Keywords:
application for quashing; bias; performance report;
Judgment 1049
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants, who applied for a vacant post put up for competition, wish to have the results set aside. The Tribunal is satisfied on the evidence that the selection procedure shows several serious flaws, of which at least two are fatal: in breach of Manual provision II.3.340 no short-list had been drawn up and the Director-General drew had drawn mistaken conclusions from the evidence before him in dismissing the Appeals Boards' findings of improprieties.
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.3.340
Keywords:
application for quashing; competition; flaw; mistaken conclusion; procedural flaw; procedure before the tribunal; selection board;
Summary
Extract:
The complainants object to the results of a competition concerning a post for which they were candidates. The Tribunal invited the official who was appointed to the vacancy to submit a brief on the matter.
Keywords:
application for quashing; co-defendant; competition;
Judgment 1048
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant seeks the withdrawal of her performance report. The Tribunal is satisfied that the appraisal of her work was based on true facts; besides, the complainant's reservations were appended to the report.
Keywords:
application for quashing; performance report; rebuttal;
Judgment 1012
68th Session, 1990
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."
Keywords:
application for quashing; effective date; enforcement; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; salary;
Judgment 934
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant invites the Tribunal to declare the two reprimands imposed on him void ab initio. The claim to have the first declared void is res judicata, the Tribunal having already dismissed it in its Judgment no. 801 because the decision had been previously withdrawn. As the second reprimand has also been withdrawn, the Tribunal dismisses the claim to have it declared void as well.
Reference(s)
ILOAT Judgment(s): 801
Keywords:
application for quashing; cause of action; censure; no cause of action; res judicata; settlement out of court;
Judgment 856
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
There are also several general principles that will apply even where there is no express rule, and one of them is that the offer may be withdrawn so long as it has not come into effect through acceptance by the employer."
Keywords:
acceptance; application for quashing; offer; resignation;
Consideration 3
Extract:
"A resignation that has taken effect is final and may not be withdrawn unless the offer was tainted with some flaw that makes it void. There will ordinarily be such a flaw if the staff member underwent compelling outside pressure. [...] But more commonly the pressure will come from the employer."
Keywords:
application for quashing; condition; lack of consent; offer; resignation;
Judgment 847
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant claims that Circular 144 on the reckoning of seniority for promotion should be withdrawn. The claim is irreceivable inasmuch as "the complainant is not challenging an individual decision but objecting to certain general rules in the Circular. As the Tribunal has held before - for example in Judgment 625 [...] - a complaint impugning a general decision against which no direct internal appeal will lie is irreceivable until individual decisions are taken on the strength of the general decision."
Reference(s)
ILOAT Judgment(s): 625
Keywords:
administrative instruction; application for quashing; competence of tribunal; general decision; individual decision; receivability of the complaint;
Judgment 846
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."
Keywords:
application for quashing; cause of action; censure; disciplinary measure; no cause of action; settlement out of court; statement of intent;
Judgment 820
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Only in exceptional circumstances - such as it found in Judgment 182 - will the Tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."
Reference(s)
ILOAT Judgment(s): 182
Keywords:
application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;
Judgment 722
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The impugned decision to approve the complainant's report for 1980 and 1981 is a discretionary one and may be set aside only on limited grounds such as a formal or procedural flaw, a mistake of fact or of law, failure to take account of relevant facts, abuse of authority or the drawing of mistaken conclusions from the evidence."
Keywords:
application for quashing; discretion; judicial review; performance report;
Judgment 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The impugned decision is one of the Administrative Council. The Tribunal has ruled that cases challenging a general decision are irreceivable, since such a decision must ordinarily be followed by individual decisions against which appeal does lie.
Keywords:
application for quashing; decision; executive body; general decision; receivability of the complaint;
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