Effect (607,-666)
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Keywords: Effect
Total judgments found: 87
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Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When a decision is quashed, it is deemed never to have been taken. The Administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the Tribunal's ruling in the light of the reasoning that underlies it."
Keywords:
application for interpretation; due process; effect; flaw; judgment of the tribunal; organisation's duties;
Judgment 1053
69th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal held in Judgment 421 [...], [a legal] obligation may be created by the establishment of a practice on which the staff have come to rely. Enforcement of the practice will depend on whether it was intended to have contractual effect, and that must be determined in the circumstances of each case."
Reference(s)
ILOAT Judgment(s): 421
Keywords:
binding character; effect; practice;
Judgment 1040
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." The complainant got notice four days too late and the Tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.
Keywords:
compensatory measure; consequence; contract; effect; extension of contract; non-renewal of contract; notice; omission; organisation's duties; short-term;
Judgment 983
66th Session, 1989
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant withdrew her application. One of the interveners stated objections to the withdrawal. The Tribunal held those objections to be inadmissible. The intervener cannot have greater rights than the complainant, who alone may determine whether to maintain his suit.
Keywords:
effect; intervention; withdrawal of suit;
Judgment 976
66th Session, 1989
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Since the Administrative Circular "was issued after the date of the impugned decision, it can have no effect on the lawfulness of that decision".
Keywords:
administrative instruction; decision; effect; subsequent fact;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As to res judicata, "a judgment that dismisses a complaint has only relative force in that it is binding only on those who are parties to the case."
Keywords:
effect; judgment of the tribunal; res judicata;
Judgment 879
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
"The res judicata rule applies to an intervener because by the very act of intervening he espouses the complainant's case. It is true that there are some arguments which he puts forward again and which those judgments did not address. But that does not mean that the conditions [...] for applying the res judicata rule are not met: between this case and the earlier ones there is identity in the parties, in the purpose of the suit and in the cause of action."
Keywords:
consequence; effect; intervention; receivability of the complaint; res judicata; same cause of action; same parties; same purpose;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The ILO further submits that, having made no award of interest, the Tribunal may be deemed to have declined to do so. The plea is mistaken. To allow it would be to infer legal effect from the Tribunal's refusing or failing to rule. That would be quite wrong since there can be no implied decision to dismiss a claim when dismissal is not the necessary outcome of the judgment."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
consequence; effect; interest on damages; judgment of the tribunal; refusal; tribunal;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."
Keywords:
binding character; difference; effect; enforcement; period; provision; provisional measures; staff regulations and rules; suspensive action; written rule;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"Intervening in a complaint that was already pending, [the complainant in the present case] threw in his lot with Mr [S.]'s and espoused the case as it stood at the date of his application. He did become a party to that case and so for him Judgment 657 does carry the authority of res judicata."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
consequence; effect; intervention; res judicata; same parties;
Consideration 24
Extract:
"Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The reckoning of the pension depends on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence. Those are variables that may preclude the creation of acquired rights. The financial plight of the fund has over the years become alarming."
Keywords:
acquired right; cost-of-living increase; effect; exchange rate; pension; pension entitlements; reckoning; tax; unjspf;
Judgment 727
58th Session, 1986
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."
Keywords:
complaint; effect; inquiry; investigation; municipal court; new time limit; receivability of the complaint; time bar; time limit;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The condition that the parties should be the same is met here: "Although Mr. [H.] was not a complainant in the case in which the Tribunal gave judgment [...] He was an intervener, the Tribunal declared the intervention receivable, and it dismissed the applications to intervene together with the complaints. Mr. [H.] was therefore party to those proceedings."
Keywords:
effect; intervention; judgment of the tribunal; res judicata; same parties;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Under the principle of res judicata the consequences of the decision are strictly limited to the three former employees.
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
effect; judgment of the tribunal; res judicata;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.
Keywords:
binding character; competence of tribunal; effect; executive head; practice; promise;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant objects to the organisation's refusal to disclose certain documents. But she fails to indicate what bearing the allegedly withheld documents may have had on the decisions she impugns, and her plea therefore fails."
Keywords:
complainant; decision; disclosure of evidence; effect; lack of injury; request by a party;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant died [...] after the complaint had been filed. His heirs have stated that they wish to pursue the proceedings in his place. The present judgment will therefore take effect for their benefit." The heirs are his wife, his infant children and the children by his first marriage.
Keywords:
case pending; complainant; consequence; death; effect; judgment of the tribunal; successor;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It may or may not be relevant for the Tribunal to reach conclusions about the meaning and effect of [agreements between organisations and staff representatives] and to make findings about whether there has been a breach of them; if so, such conclusions may be expressed in the considerations leading to the order which the Tribunal makes. But they will not be part of the order and the Tribunal will not attend to requests for specific declarations."
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 382, consideration 1.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 382, consideration 1.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Consideration 21
Extract:
"Where there is only a simple obligation to consult, the decision-maker's duty is to listen or at most to exchange views. The object of the consultation is that he will make the best decision and the assumption is that he will not succeed in doing that unless he has the benefit of the views of the person consulted."
Keywords:
consultation; effect; purpose;
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