Judgment No. 3260
Decision
The complaint is dismissed.
Summary
After divorce proceedings with serious financial consequences, the complainant challenges the refusal to refer to the General Council of the WTO the issue of compatibility between the judgment of the Swiss Federal Court against him and certain provisions of the Headquarters Agreement and the Pension Plan Regulations.
Judgment keywords
Keywords
competence of tribunal; headquarters agreement; complaint dismissed
Considerations 19-20
Extract:
"[T]he Tribunal is not competent to examine whether the Swiss Civil Code or the Swiss Federal Court decision violates the Headquarters Agreement and cannot entertain challenges to the decision itself. [...] However, as found in Judgment 3020, the Tribunal can consider an organisation’s application of its own provisions [...]. The Tribunal can also, as stated in Judgment 3105, under 5, consider the [organisation]’s application of the Headquarters Agreement."
Keywords
competence of tribunal; vested competence; headquarters agreement; flaw
Consideration 31
Extract:
[T]he Tribunal notes that the disrespectful and overly aggressive language and the personal attacks found in the rejoinder have no place in pleadings before the Tribunal.
Keywords
formal requirements; submissions
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