Competence of Tribunal (102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948,-666)
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Keywords: Competence of Tribunal
Total judgments found: 463
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Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"When the provisions governing the staff of an organisation are embodied in internal rules or in an international agreement, they have been adopted by the representatives of the States members of that organisation and their purpose is to govern conditions in the international civil service. Hence, by analogy, just as the Tribunal may decide not to apply a provision of the Staff Regulations in a particular case, so it may decide not to apply a clause of an international agreement."
Keywords:
competence of tribunal; enforcement; international instrument; provision;
Consideration 5
Extract:
According to the organisation, the Staff Regulations were not amended but replaced by other Staff Regulations. Hence the Tribunal may not decide to apply the former provisions which are no longer in force. "If a complainant is justified [...] what the Tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."
Keywords:
amendment to the rules; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under an agreement, the IPI was integrated into the EPO which took over the assets and liabilities and "replaced the Institute in disputes with its staff members. Hence the EPO, and not the Institute, is the defendant in the present case, its recognition of the Tribunal's competence having been accepted by the Governing Body of the International Labour [Office]."
Keywords:
competence of tribunal; consequence; declaration of recognition; merger;
Consideration 3
Extract:
The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."
Keywords:
application for quashing; competence of tribunal; enforcement; iloat statute; injury; judicial review; provision;
Consideration 3
Extract:
Under Article II, paragraph 1, of its Statute, "the Tribunal's competence is limited to review of individual cases but covers all such cases in question."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; general decision; iloat statute; individual decision;
Consideration 5
Extract:
Vide Judgment 371, consideration 2.
Reference(s)
ILOAT Judgment(s): 371
Keywords:
competence of tribunal; enforcement; international instrument; provision;
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;
Consideration 3
Extract:
The Tribunal's Statute limits its competence to review of individual cases. "Hence the Tribunal may not hear an application for the repeal or amendment of a provision of the Staff Regulations or Staff Rules. If it heard such a complaint it would be passing judgment on matters which fall outside the context of an individual case and would therefore be exceeding the competence conferred on it by its Statute."
Keywords:
amendment to the rules; application for quashing; competence of tribunal; general decision; individual decision; provision; staff regulations and rules;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 371, consideration 2.
Reference(s)
ILOAT Judgment(s): 371
Keywords:
competence of tribunal; enforcement; international instrument; provision;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainants take exception, not to the conclusion of the integration agreement, but to the application of some of its provisions. since those provisions are the same in kind as the Staff Regulations of an organisation there is no bar to the complainants' appealing to the Tribunal against the application of those provisions: according to Article II, paragraph 5, of its Statute the Tribunal hears 'complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations [...].'"
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; enforcement; international instrument; merger; provision;
Consideration 3
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the defendant organisation to apply the old text and not the new. So, too, when provisions of staff regulations are amended so as to comply with clauses in an international agreement(*) the Tribunal may order the application of the former rather than the latter" and is therefore competent. (*) which provides for the IPI's integration in the EPO
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 366, consideration 4.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
ILOAT Judgment(s): 366
Keywords:
competence of tribunal; enforcement; international instrument; merger; provision;
Consideration 4
Extract:
Vide Judgment 366, consideration 3.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;
Judgment 362
41st Session, 1978
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Under Article II of its Statute the Tribunal is open to any official [...] who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; illness; iloat statute; invalidity; professional accident; service-incurred;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Statute [of the Tribunal] is the document which is known to define the jurisdiction [of the Tribunal]; the resolution [whereby the Conference of the organization accepted the jurisdiction of the Tribunal] is an instruction to the Director-General to arrange for the organization to accept that jurisdiction. If the resolution does not use exactly the same words as the Statute, nothing is to be inferred from that."
Keywords:
competence of tribunal; declaration of recognition; iloat statute;
Consideration 1
Extract:
"[F]or jurisdiction to be conferred on the Tribunal the complainant must establish that there was a binding contract of appointment; but if, as here, there is a dispute about that, it is a dispute which under paragraph 7 [of Article Il of its Statute] the Tribunal is competent to determine."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 7, OF THE STATUTE
Keywords:
competence of tribunal; condition; contract; evidence;
Consideration 4
Extract:
The jurisdiction of an appeals committee need not necessarily be the same as the jurisdiction of the Tribunal. "It would be neither irrational nor inconvenient if the question whether a contract of appointment had or had not been concluded was left outside the jurisdiction of a committee designed to deal with staff grievances rather than with questions of law."
Keywords:
competence; competence of tribunal; contract; evidence; internal appeals body; offer;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal "the Tribunal [...] has to consider whether a complainant correctly followed the internal procedure which was open to him."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; internal remedies exhausted; judicial review; receivability of the complaint;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with Article II of its Statute the Tribunal hears complaints of breach of terms of appointment or of Staff Regulations and Staff Rules. In reaching its decisions it construes such texts by the accepted methods of legal interpretation."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; staff regulations and rules;
Consideration 1
Extract:
"Although the complainant has himself come before the Tribunal, he challenges its competence. [The organisation] conferred on the [...] Tribunal [...] under [its] Staff Regulations competence to hear disputes relating to non-observance, in substance or in form, of those Staff Regulations. The International Labour Organisation accepted that recognition of competence in accordance with the prescribed procedure. Hence the [...] competence derives from an international agreement which takes precedence over rules [*] unilaterally adopted earlier by one of the parties [...]."
[*] The Eurocontrol International Convention recognises the competence of national courts.
Keywords:
competence of tribunal; declaration of recognition; difference; international instrument; organisation; precedence of rules; provision;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
According to its Regulations, the Provident Scheme is a fund within the meaning of the Swiss Civil Code "and it is therefore an independent legal entity distinct from [the organisation] itself." Had the complainant wished to impugn a decision of the Secretary of the fund, "she ought to have brought her complaint against the Scheme, not the [organisation]. But the complaint is brought against the [organisation], not the Scheme, and so would be irreceivable."
Keywords:
competence of tribunal; decision; domestic law; insurance; receivability of the complaint;
Consideration 5
Extract:
"The Tribunal will never comment on the validity of the rules applied [...]. The validity of rules is not subject to review by the Tribunal, which is competent only to review decisions - in other words, individual and specific acts."
Keywords:
competence of tribunal; individual decision; staff regulations and rules;
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant seeks [...] an order from the Tribunal 'reprimanding those responsible for the substance and cause of the complaint'. The Tribunal has no authority to oversee the work of an organisation or to issue reprimands."
Keywords:
competence of tribunal; organisation;
Judgment 308
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If [...] the complainants want general and non-specific measures in the form of new rules, the claim is [...] irreceivable, since the Tribunal is competent to correct breaches of terms of appointment or provisions of the Staff Regulations, not to order the adoption of new rules."
Keywords:
amendment to the rules; competence of tribunal; complainant; request by a party; staff regulations and rules;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(D)
Extract:
"Paragraph 5 [of Article II] in the English text refers to non-observance of 'the terms of appointment', but in this context the word 'appointment' is not in the opinion of the Tribunal to be restricted to the narrow sense of a formal appointment. It must be treated as embracing a contract to make an appointment and in this sense it is consistent with the French text, 'contrat d'engagement'."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; interpretation; language of rule; terms of appointment;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is immaterial that in its report [...] the Appeals Committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. It is for the Tribunal to see whether Article VII of its own Statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; date; decision; internal appeals body; judicial review; mistaken hearing of merits; receivability of the complaint; start of time limit;
Judgment 298
38th Session, 1977
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the dossier that the [alleged] decision [...] is a decision taken on the matter [...] by the Labour Court of Hamburg [...] but the Administrative Tribunal of the ILO is an international tribunal and is not competent to hear an appeal against a decision by a national court."
Keywords:
competence of tribunal; judgment of the tribunal; municipal court;
Judgment 296
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The complainant, an official of the ILO, requests that the UNDP pay him compensation for the loss of and damage to his personal effects. "The complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. It is manifest that in a complaint against an organisation the Tribunal cannot make an order requiring payment by some other body." Although the complainant might allege that the UNDP were acting as agents of the organisation to make it responsible, the Tribunal will not decide the question of receivability on this ground.
Keywords:
compensation; competence of tribunal; injury; organisation; other; personal effects; receivability of the complaint;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Tribunal will not rule whether a rule of application can be amended by an office notice. "It will assume for the purposes of this case that a valid amendment can be made by office notice, provided that: a) the document containing the amendment is made by the Director-General himself; b) the intention to amend is made clear in the document; c) the amendment is clear in its effect; d) the amendment is not deemed effective to deprive an official of essential acquired rights."
Keywords:
acquired right; administrative instruction; amendment to the rules; competence; competence of tribunal; condition; executive head; judicial review; staff regulations and rules;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 1, of its Statute the Tribunal may hear complaints lodged by officials subject to its jurisdiction alleging non-observance of the terms of their appointment or the Staff Regulations. The present complaint fulfils those requirements and is therefore receivable. It is immaterial that the complainant left the service of the organisation [...] since he is contesting decisions taken earlier. [...] To be receivable a complaint need only [...] allege breach of provisions or principles applicable to the staff."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
cause of action; competence of tribunal; consequence; receivability of the complaint; separation from service;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."
Keywords:
adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he authority given to the Tribunal by Article II of its Statute is limited to complaints alleging non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. The authority does not extend to the giving of advisory rulings nor to resolving differences in which there is no question of a breach of the terms of appointment or of the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; contract; enforcement; iloat statute; provision; staff regulations and rules;
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