Intervention (70, 804, 805, 806, 807, 808, 809, 810, 811,-666)
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Keywords: Intervention
Total judgments found: 85
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Judgment 3786
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a decision of the Administrative Council introducing provisions in the Service Regulations for permanent employees regulating the right to strike.
Consideration 11
Extract:
Mr H.’s applications to intervene are irreceivable as [...] his situation in fact and in law is not similar to that of the two complainants.
Keywords:
intervention;
Judgment 3761
123rd Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.
Consideration 15
Extract:
As the interveners are in the same position in fact and in law as the complainants, their applications to intervene are accepted and they are also entitled to moral damages.
Keywords:
intervention; moral injury;
Judgment 3571
121st Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges Eurocontrol’s refusal to convert his limited-term appointment into an appointment for an undetermined period and the reduction of the basis for calculating his contributions to the Pension Scheme to reflect his actual working time.
Consideration 10
Extract:
Two applications to intervene have been filed by servants who say that they are in a similar situation to that of the complainant, a fact with the Organisation expressly accepts in its comments on their applications. These servants must therefore be given the benefit of the rights recognised in this judgment in favour of the complainant. In accordance with the Tribunal’s case law, the interveners are not, however, entitled to costs (see Judgments 1629, under 27, 2196, under 22, and 2315, under 36).
Reference(s)
ILOAT Judgment(s): 1629, 2196, 2315
Keywords:
intervention;
Judgment 3522
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the lawfulness of two communiqués suspending the application of a circular on the protection of the dignity of staff.
Judgement keywords
Keywords:
complaint allowed; decision quashed; intervention; joinder; respect for dignity; staff representative;
Judgment 3520
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the appointment of eight directors within the EPO.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3513
Keywords:
appointment; complaint dismissed; intervention;
Judgment 3514
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was an Ombudsman contact person, contests the attitude of the President who, he considers, interfered with the Ombudsman's independence.
Judgment keywords
Keywords:
complaint allowed; decision quashed; independence; intervention; ombudsman;
Judgment 3495
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the fact that she was not promoted in the 2012 promotion exercise.
Judgment keywords
Keywords:
complaint dismissed; intervention; promotion;
Judgment 3462
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint, clearly irreceivable, is summarily dismissed.
Consideration 2
Extract:
The complainant’s representative states that there are also four applications to intervene in this case, but he has failed to provide a power of attorney enabling him to represent the individuals concerned before the Tribunal. The power of attorney provided in the file is clearly limited to internal appeal RI/33/10. The Tribunal therefore disregards the submissions regarding the purported applications to intervene.
Keywords:
intervention; power of attorney;
Judgment 3429
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint but awarded damages to the complainant because of the delay in the appeals procedure.
Judgment keywords
Keywords:
administrative delay; complaint allowed; intervention; moral injury; removal expenses;
Judgment 3427
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge a series of decisions concerning pension issues, those being decisions of general application.
Consideration 38
Extract:
Numerous applications to intervene were filed with the Tribunal. As all the complaints will be dismissed, the applications to intervene will also be dismissed.
Keywords:
intervention;
Judgment 3411
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.
Consideration 10
Extract:
"Of the initial ten applications to intervene, six have been withdrawn. As the remaining four interveners are in a similar legal situation to that of the complainants, they must be granted the benefit of the rights recognised by this judgment (see Judgment 2985, under 28). The interveners are legally represented and they are entitled to costs."
Reference(s)
ILOAT Judgment(s): 2985
Keywords:
costs; costs awarded; intervention;
Judgment 3375
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims, on the basis of an alleged acquired right, the application of the invalidity pension scheme in force prior to his placement on non-active status on grounds of invalidity.
Consideration 5
Extract:
"The Tribunal dismisses the applications to intervene. This is because, in the capacities in which the applicants filed them, their factual and legal positions are neither identical nor similar to those of the complainant."
Keywords:
intervention;
Judgment 3369
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the application of deductions to her dependant’s allowance for participation in a strike and the amount deducted from most elements of her remuneration.
Consideration 20
Extract:
"Applications to intervene were filed by three EPO employees. [...] It may be deduced from the defendant’s comments that the three employees in question have never worked on a part time basis. As their situation in fact and in law thus differs from that of the complainant, the present judgment cannot affect them. It follows that the applications to intervene must be dismissed as irreceivable (see, for example, Judgments 2190, under 10, 2237, under 10, or 3212, under 11)."
Reference(s)
ILOAT Judgment(s): 2190, 2237, 3212
Keywords:
intervention;
Judgment 3256
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the fact that he was not promoted in 2006 in accordance with the "age-50 rule", which had been abolished as from 1 January 2005.
Judgment keywords
Keywords:
acquired right; complaint dismissed; intervention; promotion;
Judgment 3034
111th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 44
Extract:
The interveners who filed transfer applications as a safeguard and who are thus in a similar legal situation to that of the complainants referred to in consideration 41 [...] shall be granted the rights conferred on the latter by the present judgment. The Agency must carry out the requisite checks with regard to the intervener who claims to be in this category, but whose applications do not appear to be in its records. The person concerned shall assist it in this matter.
Keywords:
intervention;
Judgment 2985
110th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
"The interveners [...] are [...] in a similar legal situation to that of the complainant. They must therefore be granted the benefit of the rights recognised by this judgment."
Keywords:
complainant; consequence; intervention; judgment of the tribunal; right;
Judgment 2762
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 33
Extract:
Seven other staff representatives applied under Article 13, paragraph 1, of the Tribunal’s Rules to intervene in the complaint. Their applications are allowed and the benefit of the present judgment including the award of moral damages shall be extended to them.
Keywords:
intervention; moral damages;
Judgment 2636
103rd Session, 2007
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"[T]he four persons with respect to whom the complainant seeks the imposition of sanctions have filed applications to intervene in these proceedings and, in the alternative, seek to have their applications treated as complaints. These applications must be refused. So far as concerns the applications to intervene, none of the applicants is in the same position in fact or law as the complainant (see Judgment 2237)."
Reference(s)
ILOAT Judgment(s): 2237
Keywords:
complainant; complaint; difference; disciplinary measure; intervention; refusal; request by a party; request to subject someone to disciplinary proceedings; right;
Judgment 2422
98th Session, 2005
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Staff Association has submitted an amicus curiae brief. The defendant is not opposed to an examination of those submissions by the Tribunal, but it points out that the staff representatives raised no objection to the implementation of the new salary scale at the IAEA when they were consulted on the matter. That of course does not prevent the Staff Association from expressing different views, which the Tribunal agrees to take into consideration for the reasons set forth in Judgment 2420 [...] whilst emphasising that these submissions are not to be regarded as the brief of an intervener."
Reference(s)
ILOAT Judgment(s): 2420
Keywords:
adjustment; amicus curiae; consultation; icsc decision; intervention; rate; salary; scale; staff union;
Judgment 2420
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Association of Professional Staff has submitted an amicus curiae brief. Although the possibility of gathering the observations of an association or union representing staff interests is not envisaged under its Statute, the Tribunal considers that it can only be beneficial to extend that possibility, as do other international administrative tribunals, to associations and unions wishing to defend the rights of the staff members whom they represent in the context of disputes concerning decisions affecting the staff as a whole or a specific category of staff members. Indeed, the Organization has raised no objection to the Tribunal's examination of the submissions in question, which are not, however, to be equated with the brief of an intervener, and which are simply intended to clarify certain points raised by the complaints with the Tribunal."
Keywords:
amicus curiae; general decision; icsc decision; iloat statute; intervention; staff union;
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