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Privileges and immunities (485, 486, 487, 488, 489, 670,-666)
You searched for:
Keywords: Privileges and immunities
Total judgments found: 25
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Judgment 1000
68th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants, who are employed by the IAEA in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". Annex II.B.1 of the Agency's Provisional Staff Regulations says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. The Agency's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to the Agency for the recalculation of their pay.
Reference(s)
Organization rules reference: ANNEX II.B.1 OF THE IAEA PROVISIONAL STAFF REGULATIONS
Keywords:
elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;
Judgment 617
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Nor is the [organisation] liable for a direct and inevitable consequence of the protocol and the agreement. The complainant may not have been aware of what the texts said [...] but the administration cannot on that account be held liable for failing to give him express warning of his tax liability. It is obvious that tax liability depends not on warnings or information from the personnel office but on the [organisation's] official agreements with States."
Keywords:
duty to inform; headquarters agreement; organisation; privileges and immunities;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Consideration 2
Extract:
The organisation maintains that the privileges and immunities enjoyed by the staff under headquarters agreements are not granted for their personal advantage. They are granted in the organisations' interests and so the organisations alone may demand that they continue. The relationship between an international organisation and a state falls outside the competence of the Tribunal. "In fact the question is not one of competence. what has to be decided is whether or not the complainant is entitled to continue to enjoy certain privileges. That is a matter of substance and should be treated as such."
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 372, consideration 2.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
Considerations 10-11
Extract:
Vide Judgment 372, considerations 5 and 6.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Judgment 70
12th Session, 1964
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II (2)
Extract:
Under the applicable provisions, "the privileges and immunities of officials of [the organisation] are granted solely in the interests of the organisation. Consequently, not only have officials no right to the maintenance thereof, but, moreover, the Director-General is obliged to waive an official's immunity if such immunity impedes the normal course of justice and if waiving it does not prejudice the interests of the organisation."
Keywords:
condition; organisation's interest; privileges and immunities; purpose; waiver of immunity;
Consideration II (2)
Extract:
"The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."
Keywords:
competence of tribunal; complaint; discretion; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; waiver of immunity;
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