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Definition (601,-666)

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Keywords: Definition
Total judgments found: 156

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  • Judgment 829


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 831, consideration 1

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 828


    62nd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    See Judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 827


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    See Judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 826


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    See Judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 825


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    See Judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 818


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "What the principle [of equality] requires is that everyone in like case should be governed by the same rules and get the same treatment."

    Keywords:

    definition; equal treatment; general principle;



  • Judgment 817


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "No contract of employment will come into being unless there are an unqualified offer by the employer, agreement between the parties on the essential terms, and unqualified acceptance by the employee."

    Keywords:

    acceptance; contract; definition; elements; law of contract; offer;



  • Judgment 803


    61st Session, 1987
    International Computing Centre (World Health Organization)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.

    Keywords:

    case law; condition; contract; definition; iloat; intention of parties; lack of evidence; promise;



  • Judgment 762


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Before the Tribunal will join two or more complaints, two conditions must be fulfilled. the first is that the substance of the claims must be the same, whatever their wording. The second is that the material facts, viz. those on which the claims rest, should be the same. [...] It is immaterial that the complainants advance more or less different pleas since the content of the pleas lays no constraint on the Tribunal's ruling."

    Keywords:

    application of law ex officio; complaint; condition; definition; identical claims; joinder;



  • Judgment 759


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "With one exception any decision by the EPO may be challenged before the Tribunal as is prescribed in its Statute. The exception is a decision that merely confirms or reproduces the original one and is not based on any further inquiry or any new grounds. But there will be confirmation only if the later decision is identical in substance to the original one."

    Keywords:

    confirmatory decision; definition; receivability of the complaint; same purpose;



  • Judgment 751


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "An international official has an acquired right to the continuance of such terms of employment as determined him to accept employment with the organisation. The terms of his employment may be altered as the interests of efficiency may require, but only provided that those which originally led him to conclude the contract are not disrupted."

    Keywords:

    acquired right; definition; terms of appointment;



  • Judgment 743


    58th Session, 1986
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In the event of divorce the duty to maintain and bring up the child falls mainly on the parent who is granted custody, the other having only a right of supervision and a duty to make some financial contribution. Thus the spouse who is granted custody should ordinarily be deemed to bear actual and lasting responsibility for the child and should be entitled to payment of the child allowance."

    Keywords:

    definition; dependent child; education expenses; family allowance; parents separated;



  • Judgment 726


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    An acquired right, first, "may be a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment with the organisation. [...] Secondly, a right may be acquired under a provision of the contract of appointment which the parties intend should be inviolate."

    Keywords:

    acquired right; contract; definition; staff regulations and rules;



  • Judgment 703


    57th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The purpose of secondment is exchange of staff between organisations, and it is governed by an inter-organization agreement concerning transfer, secondment or loan of staff among the organizations applying the United Nations common system of salaries and allowances."

    Keywords:

    definition; inter-agency agreement; secondment;



  • Judgment 651


    55th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization "terminated [the complainant] and it did not provide for replacing him: it abolished his post."

    Keywords:

    abolition of post; condition; definition;



  • Judgment 641


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A causal link in the legal sense, that is to say, some fairly definite connection between the cause and the effect."

    Keywords:

    cause; definition;



  • Judgment 550


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "By [exhausting such other means of resisting a final decision as are open] is meant making use of all the possibilities of legal redress available to the official within the organisation, whatever the competent authority may be."

    Keywords:

    definition; internal remedies exhausted;



  • Judgment 532


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    A final decision is one "not open to further challenge within the organisation."

    Keywords:

    decision; definition;

    Consideration 3

    Extract:

    The term 'decision' in Article VII[3] of the Statute of the Tribunal denotes "any action by an officer of the organisation which has a legal effect. Accordingly, where such an officer merely acknowledges receipt of an appeal addressed to him, that will not amount to a decision, even if he says he intends to look into the matter as promptly as possible. Such an acknowledgement has no legal effect and is not a decision such as will rebut the presumption of dismissal."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    decision; definition; formal requirements;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Interest at the market rate "is composed in part of a sum considered to be sufficient to protect the lender against inflation and in part of interest in the old sense, that is the payment made for the use of stable money."

    Keywords:

    definition; interest on damages;



  • 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;

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