Decision (24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680,-666)
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Keywords: Decision
Total judgments found: 424
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Judgment 887
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
"Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."
Keywords:
complaint; condition; decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 882
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant maintains that the time-limit for lodging an internal appeal should run from the date on which he received the first pay-slip showing his new grading. To support that view he cites Judgment No. 753 of 12 June 1986. In the view of the Tribunal, the complainant "misreads Judgment 753: what the Tribunal held was that payment of salary might be treated as a challengeable decision only when there was no other."
Reference(s)
ILOAT Judgment(s): 753
Keywords:
date of notification; decision; formal requirements; internal appeal; payslip; start of time limit; time limit;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision; receivability of the complaint;
Judgment 852
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
While rejecting the complainants' plea of breach of acquired rights regarding their pensions, the Tribunal holds that "they may ask the ILO to accept restraint in its dealings with staff. An international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. It is bound by the general principles of law such as equality, good faith and non-retroactivity. It will act from reasonable motives and avoid causing unnecessary or undue injury."
Keywords:
acquired right; decision; grounds; international civil service principles; organisation's duties; pension;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The letter goes on to speak of a "decision" to have the complainant perform other duties. The word "decision" denotes not mere intent but a positive act which was of legal effect. Though the decision was incomplete because the nature of the new post - an essential element - was not stated, the letter made it known to the complainant that there was no question of keeping him on in the post he then held.
Keywords:
decision; transfer;
Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."
Keywords:
competence; decision; decision-maker; delegated authority; requisition; right to strike; strike;
Judgment 785
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A complainant may not eschew the res judicata rule by just prompting a new decision and saying it is not the same as the one he challenged earlier. The criterion is not the substance of the decision but the complainant's true intentions"
Keywords:
decision; purpose; res judicata;
Judgment 775
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."
Keywords:
advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The plea that no reasons were given for the impugned decision is also unsound. There can be no obligation whatever on the EPO to state its reasons for introducing scales approved by the Council. Such a decision finds its justification quite simply in the administration's position of subordination to the Council."
Keywords:
administrative instruction; amendment to the rules; decision; duty to substantiate decision; enforcement; executive body; general decision; provision; salary; scale;
Judgment 740
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, the Office took the view that the Council's new guidelines on how professional experience should count in the reckoning of seniority did not apply to the complainant. "The EPO was therefore under no duty to inform the complainant of the guidelines or to explain to him how his own position differed from that of staff members to whom the guidelines applied."
Keywords:
administrative instruction; amendment to the rules; decision; duty to inform; executive body; organisation's duties; professional experience; provision; reckoning; seniority;
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants are impugning the decision by the Administrative Council of the EPO to impose a temporary levy of 1.5 per cent on staff members' salaries. The Tribunal holds that the Council's decision falls within the scope of its powers. Inasmuch as the levy is temporary and very small and there is a guarantee of nominal basic salary, the Tribunal concludes that there was no breach of the complainants' acquired rights.
Keywords:
acquired right; competence; decision; decision-maker; deduction; executive body; general decision; judicial review; reduction of salary; salary; tax;
Judgment 723
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.
Keywords:
burden of proof; complaint; date of notification; decision; evidence; lack of evidence; receivability of the complaint; time bar;
Judgment 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The impugned decision is one of the Administrative Council. The Tribunal has ruled that cases challenging a general decision are irreceivable, since such a decision must ordinarily be followed by individual decisions against which appeal does lie.
Keywords:
application for quashing; decision; executive body; general decision; receivability of the complaint;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The impugned decision is one of the Administrative Council. The Tribunal has ruled that cases challenging a general decision are irreceivable, since such a decision must ordinarily be followed by individual decisions against which appeal does lie.
Keywords:
application for quashing; decision; executive body; general decision; receivability of the complaint;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a provision which says that any decision should mention the procedure for challenging it, the organisation was not bound to indicate in its decision [...] on the internal 'complaint' the possibility of challenging it before the Tribunal. Such information would, however, have been desirable since the distinction between a 'request' and a 'complaint' under [Staff Regulations] is not obvious. in giving such information the organisation would indeed have been following the practice in other organisations."
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Consideration 3
Extract:
The material decision would have had the effect of setting a new time limit for filing a complaint only if it had altered the previous decision or at least provided further justification for it. Since it amounted to mere confirmation, it does not affect the irreceivability of the complaint as held by the Tribunal.
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 660, consideration 3.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
Consideration 5
Extract:
Vide Judgment 660, consideration 4.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 647
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."
Keywords:
competence; consequence; decision; decision-maker; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 618
53rd Session, 1984
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As a rule the competent authority may alter or reverse any administrative decision unless it is expressly forbidden to do so and provided that acquired rights are safeguarded." [The complainant challenged the appointment of an official which took place after review of the decision to withdraw the offer of appointment.]
Keywords:
acquired right; amendment to the rules; decision; limits; withdrawal of decision;
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