Application for quashing (540,-666)
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Keywords: Application for quashing
Total judgments found: 43
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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;
Consideration 2
Extract:
The complainant "is asking the Tribunal to set aside the Council's decision, not in its entirety, but only insofar as it affects himself. [The argument fails.] Obviously to set the impugned decision aside insofar as it affects the complainant would in fact have much the same consequences as to set it aside erga omnes.
Keywords:
application for quashing; consequence; enforcement; general decision; receivability of the complaint;
Judgment 622
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complaint is presented in the form of a challenge to the Director-General's decision not to withdraw a circular. In point of fact it is challenging the circular itself, a general and abstract rule. The claim on this point is irreceivable. The Tribunal will rule on the validity of a general and abstract rule only by way of exception, while hearing a complaint which challenges an actual decision.
Keywords:
administrative instruction; application for quashing; competence of tribunal; general decision;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant asks the Tribunal to declare null and void the result of the competition and to award him compensation for material and moral prejudice [for having been eliminated from the competition]. These claims "come within the Tribunal's competence as defined in Article II of its Statute and are therefore receivable."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; competition; injury; receivability of the complaint;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is unnecessary for the Tribunal, in settling this case, to determine whether the definition of its competence in its Statute enables it to set aside a decision which is general in character or effect. Even if the Tribunal declares itself competent to set aside an announcement of a vacancy, it will in this particular instance reject the complainant's claim."
Keywords:
application for quashing; competence of tribunal; competition; vacancy notice;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the quashing of the decisions of the Internal Board of Appeal and the Director-General to reject his appeal in accordance with the Board's recommendation. Only the latter decision, the final one, which is in accordance with Article VII of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; decision; iloat statute; internal appeals body; recommendation; report;
Judgment 411
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant asks for the rescission of the assignment in question. "Since the complainant has now resigned from the organization, the organization submits that no purpose would be served by quashing the [...] assignment. However, the complainant protested strongly at the time against the assignment as unworthy of him and he is entitled to the formal order if he wishes it."
Keywords:
application for quashing; assignment; cause of action; separation from service; transfer;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Director-General issued the complainant, the chairman of a staff association not recognised by the organization, instructions concerning time off in two memoranda. The Tribunal believes that the Director drew clearly erroneous conclusions from the dossier. By way of relief the complainant asks for the withdrawal of the documents mentioned from her file. "The Tribunal considers that in this case the quashing of the decision will afford all the relief necessary."
Keywords:
application for quashing; mistaken conclusion; personal file; staff representative; staff union; time off; warning;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."
Keywords:
application for quashing; competence of tribunal; enforcement; iloat statute; injury; judicial review; provision;
Consideration 3
Extract:
The Tribunal's Statute limits its competence to review of individual cases. "Hence the Tribunal may not hear an application for the repeal or amendment of a provision of the Staff Regulations or Staff Rules. If it heard such a complaint it would be passing judgment on matters which fall outside the context of an individual case and would therefore be exceeding the competence conferred on it by its Statute."
Keywords:
amendment to the rules; application for quashing; competence of tribunal; general decision; individual decision; provision; staff regulations and rules;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The [organisation] asks the Tribunal to strike from the complainant's original memorandum a passage which it regards as libellous and irrelevant and in which the complainant alleges that one of her supervisors showed her unwanted attentions. [...] There are no grounds for striking out the complainant's allegations. Since they have a bearing on her work, they are in principle admissible. The fact that they are not proved does not mean that they may be treated as wittingly false."
Keywords:
application for quashing; appraisal of evidence; complaint; elements; organisation;
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."
Keywords:
adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."
Keywords:
application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal will not construe appraisal reports as if they were clauses in the Staff Rules. Indeed, the Tribunal will not normally entertain complaints about the contents of appraisal reports and will grant relief only if they show a total misconception of the situation."
Keywords:
application for quashing; competence of tribunal; interpretation; judicial review; performance report; rebuttal;
Judgment 182
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will not normally entertain complaints about the contents of appraisal reports [...] but in the circumstances of this case the Tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."
Keywords:
application for quashing; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;
Judgment 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[A]ccording to Article VI of the Statute, "the Tribunal shall take decisions by a majority vote; judgments shall be final and without appeal." Accordingly, if [the complainant] is requesting the Tribunal to quash its earlier judgments nos. 142 and 151 [...] his claims are irreceivable."
Reference(s)
ILOAT reference: ARTICLE VI OF THE STATUTE
ILOAT Judgment(s): 142, 151
Keywords:
application for quashing; finality of judgment; iloat statute; judgment of the tribunal; last instance; receivability of the complaint;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."
Keywords:
application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."
Keywords:
application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;
Judgment 124
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.
Keywords:
application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A plea to quash can be directed only against a decision, that is, against an act deciding a question in a specific case." A performance report embodies no decision capable of being rescinded. A complaint seeking such relief is not receivable.
Keywords:
application for quashing; competence of tribunal; condition; decision; performance report; probation report; receivability of the complaint;
Judgment 103
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have a general administrative instruction making various amendments to the Staff Regulations set aside, "without adducing any decision applying any one of these amendments to his particular case. Thus he does not allege non-compliance with any of the terms of his contract of employment, nor, in general, any violation of his official status." The Tribunal is not competent to hear the complaint.
Keywords:
administrative instruction; amendment to the rules; application for quashing; competence of tribunal; enforcement; general decision; individual decision; staff regulations and rules;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."
Keywords:
application for quashing; competence of tribunal; enforcement; general decision; general principle; individual decision; judicial review; provision; staff regulations and rules;
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