Ratione materiae (701, 844,-666)

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Keywords: Ratione materiae
Total judgments found: 28

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• Judgment 3426

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenged decisions relating to tax adjustment for EPO pensioners, but the Tribunal found that those decisions had not caused them any injury.

  Consideration 16

  Extract:

  The complainants’ position that cause of action is not a question of receivability is rejected. As the Tribunal stated in Judgment 1756, under 5, “[t]o be receivable a complaint must disclose a cause of action”. There are two aspects to receivability – the procedural aspect found in Article VII of the Statute and the substantive aspect found in Article II. That is, whether the Tribunal is competent to hear the case ratione personae and ratione materiae. Framed another way, Article II requires that a complaint must reveal a cause of action and that the impugned decision is one which is subject to challenge. Under Article II, two thresholds must be met for there to be a cause of action. First, the complainant must be an official of the defendant organization or other person described in Article II, paragraph 6. Second, Article II, paragraph 5, requires that a complaint “must relate to [a] decision involving the terms of a staff member’s appointment or the provisions of the Staff Regulations” (Judgment 3136, under 11).

  Reference(s)

  ILOAT reference: Articles II and VII of the Statute
  ILOAT Judgment(s): 1756, 3136
  

  Keywords:

  cause of action; competence of tribunal; iloat statute; ratione materiae; ratione personae; receivability of the complaint;
  

  
  
  

• Judgment 3345

  
  118th Session, 2014
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants, acting as elected staff representatives, in their individual capacities as staff members and on behalf of thirty-six staff members employed under “long-term short-term contracts”, challenge the appropriateness of employment under such contracts and claim certain rights for such employees.

  Consideration 11

  Extract:

  "[T]he claims of the Staff Council were a request for a change of policy and policy issues of this type are not justiciable (see Judgment 3225, consideration 6). This conclusion is reinforced by the fact that the request was made at a high level of abstraction."

  Reference(s)

  ILOAT Judgment(s): 3225
  

  Keywords:

  ratione materiae; receivability of the complaint; staff representative;
  

  
  
  

• Judgment 3020

  
  111th Session, 2011
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax.
  "[T]here is no need to entertain the claim that the WTO should be ordered to 'employ its authority and power' to persuade the competent Swiss authorities to abandon the practice giving rise to this dispute, since the Tribunal has no jurisdiction to issue such an order."

  Reference(s)

  Organization rules reference: WTO Staff Rule 106.11
  
  

  Keywords:

  competence of tribunal; domestic law; marital status; order; ratione materiae; tax;
  

  
  
  

• Judgment 1399

  
  78th Session, 1995
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The first [question] is whether the complainant may come to the Tribunal if he is no longer on the staff of CERN and that is the reason why the Director-General has declined to entertain his internal appeal. There need be no doubt about the answer. [...] The Tribunal is open to any official, 'even' - as Article II (6)(a) of the Statute puts it - 'if his employment has ceased', who lodges a complaint alleging non-observance of the terms of his contract or of the rules that apply to him."

  Reference(s)

  ILOAT reference: ARTICLE II (6)(A) OF THE STATUTE
  
  

  Keywords:

  competence of tribunal; former official; iloat statute; locus standi; ratione materiae; ratione personae; receivability of the complaint; status of complainant;
  

  
  
  

• Judgment .17

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  ratione materiae; receivability of the complaint;
  

  
  
  

• Judgment .15

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  Nansen International Office for Refugees
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  arbitration; equity; interpretation; ratione materiae;
  

  
  
  

• Judgment .02

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  acquired right; ratione materiae;
  

  
  
  

• Judgment .01

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  acquired right; ratione materiae;
  

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