Domestic law (218, 219,-666)
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Keywords: Domestic law
Total judgments found: 68
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Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant is not satisfied with the amount paid him in termination indemnity and submits that he has an acquired right to the application of the material provisions in French law. The Tribunal observes that "French law would have applied only if, and insofar as, there had been an agreement with the French government to that effect. There was none."
Keywords:
amount; applicable law; condition; domestic law; terminal entitlements;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
In the complainants' view, the amount of their terminal entitlements was too low when compared to what other international organisations give, and they contend that the provisions of French social legislation apply to them. The Tribunal observes that Interpol is an independent international organisation and that there is no evidence of the organization's having agreed to apply French law.
Keywords:
amount; applicable law; domestic law; rule of another organisation; terminal entitlements;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant cites legislation and case law in the host State. Interpol is an international organisation and not subject to any national law and, as to the issues on which he submits that French law has a bearing, he does not cite any text of Interpol's that warrants taking account of such law."
Keywords:
applicable law; condition; domestic law;
Judgment 927
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Before the complainant's divorce during a period of trial separation, the organization discontinued payment of her family allowance and lowered the rate of her non-resident allowance. The Tribunal holds that "the temporary separation of the spouses prior to the decree of divorce, though authorised by a court order, was neither a 'legal' separation nor a 'similar legal situation' within the meaning of R IV 1.13 [of the Staff Rules and Regulations]. The trial separation is a preliminary to divorce required by law. It is limited in time and revocable. It has no effect on the marital status of the spouses, who may use it as they will. It is not in the same category as legal separation, which is a permanent solution." Since the organization made a mistake of law, the Director-General's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE R IV 1.13 OF CERN STAFF RULES
Keywords:
allowance; consequence; domestic law; family allowance; flaw; interpretation; marital status; non-resident allowance;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"To begin with, the Tribunal will not review criteria laid down in any national law. The only rules it will apply are those that govern the international civil service and in this case they are the EPO Service Regulations".
Keywords:
applicable law; competence of tribunal; domestic law; international civil service principles; staff regulations and rules;
Judgment 841
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords:
certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 702, consideration 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 688
57th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has been employed under fixed-term contracts since 1976. He claims to be entitled to an appointment of indeterminate duration by virtue of national legislation. The Tribunal will not rule on the applicability of national legislation. It limits itself to noting that if national legislation is applicable, the Tribunal has no power of review and if it is not applicable, the Tribunal must examine the alleged breaches of Staff Regulations by the organisation; it finds no evidence of a breach.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent appointment; right; successive contracts;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In two of its judgments the Tribunal has already ruled on a text akin to [the rule in question, which prescribes the organization's rights in work produced by its staff] and upheld it as valid. The precedents bear out Unesco's interpretation of that rule. [Furthermore], fairly similar provisions are to be found in legislation in several countries. Accordingly, even if the rule does not reflect any universally acknowledged concept it must be given some weight."
Keywords:
case law; domestic law; organisation; proprietary rights; publication;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The plea correctly regards [the national] law as a question of fact. It is not binding on the Tribunal and its relevance in this case is not an aid to the interpretation of the contract between the parties."
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
applicable law; contract; domestic law; enforcement; interpretation; tribunal;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Regulations provide for the organisation to contribute "to a national social security system" in respect of its employees. The organisation claims that national law is not binding upon it and that it can adopt what parts of the scheme it chooses. This is mistaken. Having voluntarily decided to contribute to the scheme and to require its employees to do likewise, the organisation has put itself under the contractual obligation to the complainants to comply fully with the scheme."
Keywords:
contract; domestic law; enforcement; insurance; organisation's duties;
Consideration 4
Extract:
"Having regard to the fact that the clause [which reproduces an article of the Chilean Labour Code] is in Spanish, a language with which the Tribunal is not familiar, and has to be applied to conditions in Chile with which likewise the Tribunal is not familiar, the Tribunal would be foolish if it did not attach great weight to the observations of a supreme court which is familiar with both. Moreover, the basic idea of the Supreme Court's interpretation [...] appears to the Tribunal to accord very well with the object of the clause."
Keywords:
acceptance; domestic law; interpretation; municipal court; tribunal;
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 477
47th Session, 1982
Central Office for International Railway Transport
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant is mistaken in relying on the definition of residence contained in national legislation. "The Staff Regulations should be interpreted in themselves, with due regard to their purpose and independently of national legislation.
Keywords:
applicable law; definition; domestic law; residence; staff regulations and rules;
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The request to repay pension contributions, made on the basis of a new national law, "runs counter to the express provisions of the Staff Regulations. To qualify under the provisions relating to the repayment of contributions, the transfer must be made when the official becomes established". The complaint is time-barred. Municipal law "cannot in itself give rise to rights enforceable against an international organisation nor retroactively lay obligations on it."
Keywords:
applicable law; domestic law; pension; pension entitlements; request by a party; staff regulations and rules; validation of service;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far 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."
Keywords:
applicable law; case law; domestic law; enforcement; exception; general principle; tribunal;
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;
Judgment 295
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was seconded from a national ministry. "The fact that [he] was apparently promoted in the French civil service [on a particular date] has in any event no bearing on the terms of his contract with the organisation."
Keywords:
consequence; domestic law; promotion; secondment;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"As an international official, [the complainant] cannot validly claim before the present Tribunal the protection of a law of amnesty adopted by the French parliament."
Keywords:
complainant; domestic law; enforcement; refusal; request by a party; tribunal;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The term 'national income taxes' [...] should be interpreted according to the law of the country in which the taxes whose reimbursement is claimed are levied. It will not therefore necessarily have the same meaning in respect of taxes levied in unitary and in federal States." In the present case, the interpretation should be based on the usual terminology of Swiss tax law: national taxes in Switzerland include cantonal and local taxes as well as federal taxes. The cantonal and local taxes paid by complainants in the Canton of Bern where their families continue to reside must be regarded as 'national income taxes' and in principle be reimbursed.
Keywords:
definition; domestic law; enforcement; refund; tax;
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