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 1978
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An application for execution may only address issues covered by the initial judgment, which carries the authority of res judicata (see Judgment 1887 [...] under 8)."
Reference(s)
ILOAT Judgment(s): 1887
Keywords:
application for execution; general principle; res judicata; same cause of action;
Judgment 1942
88th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A general principle of law [...] has it that for a claim for damages to be entertained, the complainant must provide evidence of the actual injury and of a causal link between the unlawful act and the injury suffered."
Keywords:
burden of proof; cause; evidence; general principle; injury; material damages; moral injury;
Judgment 1916
88th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant argued that the date the contract enters into force is not negotiable - it must be the date the parties actually sign the contract. "The Tribunal does not agree with the complainant. A contract is concluded when there is a firm and definitive unity of intentions between the contracting parties; it generally takes the form, particularly where, as in this case, it consists of a contract by correspondence, of an offer made by one party followed by the acceptance of the offer by the other party. [...] But in certain instances, the contract may be held to be concluded, by interpretation of the intentions of the parties, even in the absence of agreement on the subsidiary points."
Keywords:
acceptance; date; effective date; general principle; intention of parties; law of contract; offer;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Tribunal recalls "the recognised right of the staff of international organisations to receive - in the interest of international civil service itself - a level of remuneration equal to that in countries where, for comparable qualifications, the salaries are the highest."
Keywords:
general principle; noblemaire principle; official; salary; terms of appointment;
Judgment 1911
88th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"It is a general principle of the international civil service that there must be a valid reason for any decision not to renew a fixed-term contract and that the reason must be given to the staff member [...]. An official whose fixed-term contract is reaching expiry must be informed in a timely manner of the real reasons for the decision not to renew it [...]. In this case a mere reference to a letter sent to the complainant nearly two years previously cannot, in the absence of any other indication as to the real reasons for the decision to be taken, exempt the observatory from stating the grounds clearly."
Keywords:
contract; date; decision; duty to inform; duty to substantiate decision; fixed-term; general principle; grounds; international civil service principles; non-renewal of contract; organisation's duties; separation from service;
Judgment 1897
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(a)
Extract:
"In keeping with the rule that similar acts require similar procedures, the modification of a rule - including allowing an exception - must respect the same process which was used for its adoption."
Keywords:
amendment to the rules; exception; formal requirements; general principle; parallelism of form; provision; staff regulations and rules; written rule;
Judgment 1866
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant considers that he is discriminated against in comparison with his colleagues who live in towns where the organisation subsidises creche places. "The principle of equality of treatment only applies between staff members in a similar situation. In the material case, staff members whose place of residence is Munich or The Hague, where there are subsidised creches, benefit from the same treatment. But staff members, such as the complainant, who decide to reside in another location and do not wish to place their child in these subsidised creches, are not in a similar situation."
Keywords:
criteria; dependent child; difference; equal treatment; general principle; residence; social benefits;
Judgment 1804
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-14
Extract:
The promotion of Mr C., presented as the fulfilment of a promise made to him on recruitment, gave rise to a decision adopted on 7 December 1994. "Only that decision was notified to the staff. So the complainants, who were unaware of the promise, were in good faith in challenging the promotion on the grounds that it was in breach of the Rule it actually cited. So they were right in saying that Mr C. had been promoted to A4 even though he did not fully qualify under the [relevant] rules [...]. Because of the unusual circumstances in which Mr C. was promoted the complainants were also right to challenge the decision: the [Organization] had on the face of it failed to observe the general principle of equal treatment because in promoting Mr C. it did not abide by the requirements of the Service Regulations or by the criteria for promotion to which the complainants were themselves subject. The conclusion is that the complainants did suffer moral injury and each of them is entitled under that head to [compensation]".
Keywords:
appointment; breach; cause of action; condition; decision; equal treatment; general principle; good faith; grade; injury; moral injury; promise; promotion; staff regulations and rules;
Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"In support of their plea of abuse of authority the complainants accuse [the Organization] of scorning [...] the independence of the international civil service by giving in to a single government that was itself defying the principle [...]. There is not a shred of evidence to suggest that [the Organization] was yielding to [the] insistence [of one State]. The impugned decision was taken because of a resolution by the Council, the sovereign body that decides things scientific, technical and administrative [...]."
Keywords:
abuse of power; breach; discretion; executive body; general principle; independence; international civil service principles; member state; misuse of authority; official;
Judgment 1756
85th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A firm line of precedent says that rights under a contract of employment may be express or implied, and include any that flow from general principles of the international civil service or human rights [...]."
Keywords:
applicable law; case law; contract; general principle; international civil service principles;
Judgment 1729
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"While the Tribunal will not review the substance of discretionary administrative decisions [...] it does have the power to review the process leading to such decisions and to look into questions such as abuse of authority, incomplete consideration of the facts or failure to respect elementary principles of justice: see Judgment 1131 [...]."
Reference(s)
ILOAT Judgment(s): 1131
Keywords:
abuse of power; decision; discretion; disregard of essential fact; general principle; judicial review; mistake of law; misuse of authority;
Judgment 1680
84th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Judgment 809 [...] explained just what [UNESCO Staff] Rule 105.2(b) [on special leave with pay] meant. Its wording 'makes it plain that such a decision will be exceptional' [...] the Director-General does have discretion, and the Organization seeks to rely on it, but obviously it does not stretch to breach of the rules or of the general principles that safeguard the dignity of an international civil servant."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
ILOAT Judgment(s): 809
Keywords:
discretion; general principle; refusal to assign work; respect for dignity; special leave; staff regulations and rules;
Judgment 1662
83rd Session, 1997
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"There is no general rule requiring the [CERN Pension] Fund to pay interest on the transfer value [of pension entitlements]. So the Fund was free to rely on the text of its own rules, which do not expressly provide for interest, and on consistent practice."
Keywords:
cern pension fund; general principle; interest on damages; lump-sum; pension; pension entitlements; practice; transfer of pension rights; written rule;
Judgment 1613
82nd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"As a rule any item disclosed by one of the parties to judicial proceedings in support of its case must go to the other."
Keywords:
adversarial proceedings; general principle; submissions;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."
Keywords:
appointment; case law; competition; due process; general principle; international civil service principles; organisation's duties; post; selection procedure; staff regulations and rules;
Consideration 9
Extract:
"Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."
Keywords:
appointment; candidate; competition; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;
Judgment 1536
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant seeks admission to the health insurance fund two years after his retirement even though the time limit for such claims is three months. "The answer to the complainant's plea of breach of equality is that the admission of the other retired official as an associate participant was a wrong decision. It should not be followed, and the board of management was right to refuse to follow it. Equality of treatment means equality in the observance of the law, not in the breach of it."
Keywords:
definition; equal treatment; general principle; health insurance; illness; insurance; retirement; time limit;
Judgment 1534
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."
Keywords:
cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;
Judgment 1531
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Yet, though it was lawful for the Memorandum of 23 February 1994 to set [the date of termination], not until 25 February did the complainant get notice of it. According to a general principle no decision unfavourable to an official may take effect before the date at which he gets notice of it. So the earliest date at which the complainant's separation from service might take effect was 26 February 1994, the day after he had notice of it".
Keywords:
date; date of notification; decision; effect; general principle; injury; separation from service;
Judgment 1530
81st Session, 1996
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal holds that the Organisation acted in bad faith by trying to discard the compromise to which it and the official had consented.
Keywords:
general principle; good faith; organisation's duties;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."
Keywords:
career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;
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