General principle (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,-666)
You searched for:
Keywords: General principle
Total judgments found: 222
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Judgment 851
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Some differences will have to be allowed in the content and standard of engineering degrees until there is international standardisation. For an international organisation like the EPO the only fair and practical approach is to demand for an examiner's post the qualifications required for equivalent duties in the applicant's home country."
Keywords:
date; degree; difference; equal treatment; general principle; professional experience; reckoning; seniority; terms of appointment;
Judgment 845
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."
Reference(s)
ILOAT Judgment(s): 614
Keywords:
appointment; date; difference; effective date; equal treatment; exception; flaw; general principle; personal promotion; promotion;
Judgment 844
63rd Session, 1987
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"In reaching his decision of 11 February 1987 the Director-General failed to take an essential fact into consideration, namely the degree of the Agency's own responsibility for the lack of information supplied initially to the complainant. While the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. The principle of good faith requires that employees be treated with due regard for their rights. If the Director-General had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."
Keywords:
contract; disregard of essential fact; duty to inform; fixed-term; general principle; good faith; non-renewal of contract; organisation's duties; post description;
Judgment 818
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"What the principle [of equality] requires is that everyone in like case should be governed by the same rules and get the same treatment."
Keywords:
definition; equal treatment; general principle;
Judgment 767
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Precedent has it that one official may not rely on the unjust enrichment of another: equality in law does not embrace equality in the breach of it."
Keywords:
equal treatment; exception; flaw; general principle;
Judgment 754
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"For the plea to succeed there must be different treatment of staff members who are in the same administrative position. Where the circumstances differ, so may the treatment provided that it is a fair, reasonable and logical outcome of the difference."
Keywords:
condition; equal treatment; general principle;
Judgment 752
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."
Keywords:
exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"No one may plead breach of the principle of equality on the grounds that he has not received a benefit unlawfully conferred on others. [The complainant] is [...] mistaken in alleging that such breach entitles him to payment of an allowance which was wrongly paid to others."
Keywords:
equal treatment; exception; flaw; general principle;
Judgment 614
53rd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"There are three hypotheses. The first is that the complainant was treated unlawfully, and if so the Tribunal need only declare that he was and need not rule on the allegation of unequal treatment. The second is that the complainant was treated lawfully and the other staff member unlawfully. In that case the complainant may not rely on unlawful treatment which conferred benefit on the other staff member; equality in law does not mean equality in the breach of it. The third hypothesis is that both of them were treated lawfully. If there was inequality in the treatment they received it arose in circumstances which allowed the exercise of discretion and in which the Tribunal has no power of review."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
equal treatment; exception; flaw; general principle;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The rule [against retroactivity] does not preclude making the finding of fact at a date prior to that of the decision."
Keywords:
consequence; general principle; non-retroactivity;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13(B)
Extract:
"The principle of equality does not mean that the same rules must be uniformly applied to everyone. What it means is that like facts require like treatment in law, but different facts allow of different treatment."
Keywords:
equal treatment; general principle;
Judgment 542
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".
Keywords:
contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"What the principle of equality requires is that all those in the same position should receive equivalent and non-discriminatory treatment, provided that, with due regard to the different factual situations which may exist, the organisation may adopt rules prescribing or allowing reasonable distinctions."
Keywords:
equal treatment; general principle;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar 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."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the complainant was treated differently, the facts of her case were different, and there was therefore no breach of the principle of equality."
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 484
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 485, consideration 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 485, consideration 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;
Consideration 2
Extract:
"The Tribunal's judgments carry the authority of res judicata from the date on which it delivers them. Though subject to review thereafter, they will be reviewed only in exceptional cases. that is the rule under all judicial systems which allow review."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; date; exception; general principle; judgment of the tribunal; mistake of law; res judicata;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Tribunal will consider the plea since there is a general principle of law protecting acquired rights, even in the absence of express provision."
Keywords:
acquired right; competence of tribunal; general principle; no provision;
Judgment 425
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Any administration is required to abide by the rules which it has itself made for as long as they remain in force. The post descriptions are binding on the organisation until amended.
Keywords:
general principle; patere legem; post description;
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