Judgment No. 3760
Decision
The complaint is dismissed, as are the applications to intervene.
Summary
The complainant challenges the decision to amend the Rules of the Medical Benefits Fund.
Judgment keywords
Keywords
general decision; complaint dismissed
Consideration 6
Extract:
The complainant relies on Article VII, paragraph 2, of the Tribunal’s Statute as support for the proposition that a “complainant may plead the unlawfulness of an administrative decision affecting a class of officials”. […] Article VII, paragraph 2, serves to establish the time limit and when the time limit starts to run for filing a complaint against two types of decisions. The Tribunal has recognised that the words “a decision affecting a class of officials” might, viewed in isolation, be treated as a reference to a general decision, whether or not it affects individual rights (see Judgment 1134, under 4). However, any particular provision of the Statute must be construed having regard to the Statute as a whole. The jurisdiction of the Tribunal is, under the Statute construed as a whole, concerned with the vindication or enforcement of individual rights (see, for example, Judgment 3642, under 11). The reference to “a decision affecting a class of officials” is to a decision which may have affected the rights of a number of individual officials in the same or a similar way.
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute ILOAT Judgment(s): 1134, 3642
Keywords
general decision
Consideration 8
Extract:
As the Tribunal reiterated in Judgment 3426, under 16, “[t]o be receivable a complaint must disclose a cause of action”.
Reference(s)
ILOAT Judgment(s): 3426
Keywords
cause of action
|