Applicable law (177, 179, 687, 856, 181, 182, 183, 184, 185, 186, 187, 188, 189, 900, 663, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 645, 209, 211, 664, 213, 215, 230, 227, 228, 231, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 685, 229, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 732, 751, 949,-666)
You searched for:
Keywords: Applicable law
Total judgments found: 106
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Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The rules on competitions were revised in 1981. The new rules provided for setting up a selection board, and its members were appointed later. The competition of which the complainant is challenging the outcome opened in June 1981 and it was decided to apply the old rules. His objections to that decision are unsound; there was no error of law and, because of the delay in appointing the members of the Selection Board, its effect appears to have been to speed up the competition procedure."
Keywords:
amendment to the rules; applicable law; competition; provision; staff regulations and rules;
Judgment 554
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal stated in Judgment No. 486 that "the question for its decision was whether it was within its competence to enforce a rule of policy or practice. The Tribunal found that there was such a rule, but that since it conflicted with a staff rule, it did not create an obligation which the Tribunal was competent to enforce. [...] It is manifest from the judgment that the rule of policy or practice, by whatever evidence its existence was proved, was in this case unenforceable."
Reference(s)
ILOAT Judgment(s): 486
Keywords:
applicable law; application for review; difference; evidence; practice; precedence of rules; provision; staff regulations and rules;
Judgment 546
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
It was agreed that the complainant's contractual relations would cease. The agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. The organisation has no discretion in the matter and could not decide what it thought was equitable. The complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.
Keywords:
agreed termination; applicable law; no provision; pension; termination of employment; withdrawal settlement;
Judgment 515
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was terminated, and the rule concerning termination of limited duration posts, applied. The complainant contends that the rule for posts of indefinite duration should have been applied. The Tribunal held that posts attached to projects whose own duration is limited, are likewise of limited duration. The complainant's post came under such a project.
Keywords:
abolition of post; applicable law; contract; fixed-term; post; project personnel; termination of employment;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will determine the complainant's status by reference to the Staff Rules and Regulations and only where they are silent will it apply the general principles governing international public service. There is no ambiguity about the texts in point in this case."
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 491, consideration 3.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 477
47th Session, 1982
Central Office for International Railway Transport
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant is mistaken in relying on the definition of residence contained in national legislation. "The Staff Regulations should be interpreted in themselves, with due regard to their purpose and independently of national legislation.
Keywords:
applicable law; definition; domestic law; residence; staff regulations and rules;
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The request to repay pension contributions, made on the basis of a new national law, "runs counter to the express provisions of the Staff Regulations. To qualify under the provisions relating to the repayment of contributions, the transfer must be made when the official becomes established". The complaint is time-barred. Municipal law "cannot in itself give rise to rights enforceable against an international organisation nor retroactively lay obligations on it."
Keywords:
applicable law; domestic law; pension; pension entitlements; request by a party; staff regulations and rules; validation of service;
Judgment 472
47th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."
Keywords:
allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's contract expired and his post was simultaneously abolished. The organization applied the provision on the termination of temporary contracts. The Tribunal maintains that the provision on abolition of posts is applicable to temporary officials; a provision which deprives certain officials of benefiting from this provision is without effect because it does not respect the hierarchical ranking of rules.
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; applicable law; contract; fixed-term; non-renewal of contract; precedence of rules;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is true that the abolition of a post does not automatically terminate the holder's appointment and therefore does not automatically attract an indemnity under [the applicable rule]. Does this give the organization the option of terminating the appointment under another rule ? In the circumstances of this case it is unnecessary for the Tribunal to answer that question." It is the provision establishing an indemnity in the event of post abolition that is applicable in the instant case.
Keywords:
abolition of post; applicable law; contract; fixed-term; material damages; non-renewal of contract;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The dispute is between the complainant and the organization which employs him. [It must therefore be judged according to] the relevant terms of the contract and provisions of the Staff Regulations and Staff Rules. The provisions of municipal law are therefore irrelevant, and it is immaterial that the complainant is Swiss and that the accident [...] occurred on Swiss territory."
Keywords:
applicable law; contract; professional accident; provision; staff regulations and rules;
Judgment 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Nor may the complainant rely on any provisions which he alleges apply in other organisations."
Keywords:
abolition of post; applicable law; rule of another organisation;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."
Keywords:
analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant contends that her dismissal infringed the Maternity Protection Convention [No. 103] and Recommendation [No. 95] of the ILO. "Those instruments do not apply to the WHO, however. Besides, they were not infringed."
Keywords:
applicable law; international instrument;
Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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; coordinated organisations; law of european communities; rule of another organisation;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Keywords:
applicable law; case law; domestic law; enforcement; exception; general principle; tribunal;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The investigation [...] aimed at identifying the persons responsible for breaking the rules of the organization [...] was necessarily followed by the sanctions provided for in those rules. The investigation was therefore entrusted to the agents of the organization itself rather than to the authorities of the State in which the complainant was employed. The rules of the organization itself alone were applicable, and not any national legislation." [The case involves participation in the traffic of foreign currency.]
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; misconduct; staff regulations and rules;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
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