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Rule of another organisation (230, 227, 228, 231,-666)
You searched for:
Keywords: Rule of another organisation
Total judgments found: 37
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Judgment 1239
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."
Reference(s)
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
ILOAT Judgment(s): 1241
Keywords:
acquired right; case law; coordinated organisations; discontinuance; exchange rate; general assembly resolution; rule of another organisation; safeguard; salary; staff regulations and rules; tribunal;
Considerations 7-8
Extract:
"The Organization belongs to the common system of the United Nations, in particular for the purposes of staff pay. That being so, it comes under the authority of the General Assembly and the International Civil Service Commission. The conclusion is that the special arrangements the Organization made under former Regulation 3.1 bis could not be kept in the long run in defiance of the rules of the common system."
Reference(s)
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS
Keywords:
coordinated organisations; general assembly resolution; icsc decision; organisation; rule of another organisation; salary; staff regulations and rules;
Judgment 1224
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The complainant is challenging the Agency's refusal to refund her taxes according to a specific method. She alleges discriminatory treatment inasmuch as officials of the United Nations Organisation and other international organisations have the benefit of that method. "In this particular area there is no common-system method which the Agency is in law obliged to apply. The principle of equal treatment therefore does not necessarily mean equal treatment for the staff of the various international organisations, each of which is autonomous and applies its own rules and regulations to its staff."
Keywords:
coordinated organisations; equal treatment; refund; rule of another organisation; tax;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
A "point on which the Organisation is mistaken is that the Tribunal may and will entertain pleas of flaws in the decision-making process of the ILO which may entail examining the decision-making process in the United Nations."
Keywords:
competence of tribunal; coordinated organisations; flaw; judicial review; organisation's duties; rule of another organisation;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 21-22
Extract:
The complainant submits that the custom in the European Communities is to transmit an interim report to the probationer in mid-probation. "The answer to that is that, being an independent organisation, Eurocontrol is not bound by the customs of any other, even one that has rules similar to its own. Besides, that an interim report may be useful does not make it compulsory."
Keywords:
applicable law; practice; probation report; rule of another organisation;
Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the amount of his termination indemnity. He relies on a practice the organization followed before its staff regulations came into force, on breach of equal treatment and on the rules of other international organisations. For each plea the Tribunal refers to the answers it gave in Judgment 1080.
Reference(s)
ILOAT Judgment(s): 1080
Keywords:
amount; condition; equal treatment; practice; rule of another organisation; terminal entitlements;
Judgment 1099
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
In respect of expatriation allowance "the rules and practices of other international organisations are not binding on the EPO and the Tribunal's rulings turns solely on its interpretation of the Organisation's own texts."
Keywords:
applicable law; non-resident allowance; rule of another organisation;
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 941
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the texts stand vaccinations are not ordinarily covered by the [sickness insurance] scheme [...] that the policy of other European organisations is more liberal is an example Eurocontrol may wish but is not bound to follow."
Keywords:
applicable law; health insurance; insurance; law of european communities; medical expenses; rule of another organisation;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The organization submits that it followed a practice introduced by the master standard for job classification which the International Civil Service Commission has approved and which applies throughout the United Nations system. But the master standard does not apply directly to the staff of the international organisations: it consists of mere guidelines which the organisations are free to introduce into their own regulations."
Keywords:
administrative instruction; binding character; enforcement; general decision; icsc decision; post classification; practice; rule of another organisation; staff regulations and rules;
Judgment 472
47th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."
Keywords:
allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;
Judgment 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Nor may the complainant rely on any provisions which he alleges apply in other organisations."
Keywords:
abolition of post; applicable law; rule of another organisation;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."
Keywords:
analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;
Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The authorities of the Institute are not bound, unless there be a provision to that effect, by the rules which govern the staff of the European Communities."
Keywords:
applicable law; coordinated organisations; law of european communities; rule of another organisation;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Administrative Council "defined its position as follows: 'The provisions of the Staff Regulations and other texts relating to the staff should so far as possible match those applicable to European Communities staff.' It appears clearly from this statement, the precise purport of which is indicated by use of the term 'so far as possible', that the Administrative Council did not decide to ensure full conformity between [its Staff Regulations] and those of the European Communities, that it entered into no legal commitment in that regard and that it merely made a statement of intent which did not provide for any sanction."
Keywords:
binding character; coordinated organisations; enforcement; executive body; law of european communities; proposal; rule of another organisation; statement of intent;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(A)
Extract:
The practice of other organisations amounts to a rule, "that is, the officials of the organisation are entitled to reimbursement as provided [of national taxes], to the extent that it accords with the practice of the other organisations. Alternatively, the [other] organisations [...] have no relevant 'practice' or may have adopted a 'practice' in cases which are not identical with or even similar to those of officials of the respondent organisation. On this hypothesis it cannot be asserted either that the officials of the organisation are always entitled or that they are never entitled to the reimbursement of the taxes paid by them."
Keywords:
binding character; practice; refund; rule of another organisation; tax;
Preamble
Extract:
The President of the Tribunal issued an order to the Registrar instructing him "to make inquiries of the intergovernmental organisations with headquarters at Geneva concerning the practice followed by them in respect of reimbursement of tax paid on earned income by members of their staff".
Keywords:
inquiry; investigation; order; practice; refund; rule of another organisation; tax;
Judgment 106
17th Session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(B)
Extract:
"Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].
Keywords:
advisory body; consultation; discretion; judicial review; limits; post classification; rule of another organisation;
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