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Declaration of law (727,-666)
You searched for:
Keywords: Declaration of law
Total judgments found: 12
Judgment 4792
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2016.
Consideration 5
Extract:
[T]he complainant asks the Tribunal to hold that the words “arbitrary” and “discriminatory” contained in Article 110a(4) of the Service Regulations “be held to have the same inclusive meaning as the long-established and recognised grounds for the Tribunal to review discretionary decisions, and that any attempt to interpret them in a more restrictive manner be deemed illegal”. However, this is, in substance, a general request for a declaration of the legal effect of Article 110a(4). It is not for the Tribunal to issue such declarations of law (see, for example, Judgments 4246, consideration 11, 4244, consideration 8, 4243, consideration 27, and 3876, consideration 2).
Reference(s)
ILOAT Judgment(s): 3876, 4243, 4244, 4246
Keywords:
declaration of law;
Judgment 4700
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges measures reorganising his working time.
Consideration 2
Extract:
The Tribunal notes first of all that, as part of his claims, the complainant asks for three declarations to be made. However, it is settled case law that it is not for the Tribunal to issue declarations of law of this kind (see, for example, Judgments 4637, consideration 6, 4492, consideration 8, 4246, consideration 11, and 3876, consideration 2). Such claims are irreceivable and must be dismissed.
Reference(s)
ILOAT Judgment(s): 3876, 4246, 4492, 4637
Keywords:
declaration of law;
Judgment 4637
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 6
Extract:
The complainant’s claims for declaratory orders in which he seeks, first, recognition of the presumption (which does not exist in law) of bias and the disqualification of the reporting officers (referred to in point 6 of consideration 1 [...]) and, second, a declaration that any threats and blackmail by superiors in a reporting exercise are unacceptable (point 9 of consideration 1 [...]), are also irreceivable. It is settled case law that it is not for the Tribunal to issue such general declarations or declarations of law (see, for example, Judgments 4492, consideration 8, 4246, consideration 11, 4244, consideration 8, 4243, consideration 27, and 3876, consideration 2).
Reference(s)
ILOAT Judgment(s): 3876, 4243, 4244, 4246, 4492
Keywords:
declaration of law;
Judgment 4602
135th Session, 2023
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to award her material and moral damages as a victim of harassment and abuse of authority by her direct supervisor.
Consideration 5
Extract:
According to the established case law, it is not for the Tribunal to make declarations of law of the nature sought (see, for example, Judgments 4246, consideration 11, 4245, consideration 9, 4244, consideration 8, 4243, consideration 27, 3876, consideration 2, and 3764, consideration 3).
Reference(s)
ILOAT Judgment(s): 3764, 3876, 4243, 4244, 4245, 4246
Keywords:
declaration of law;
Judgment 4579
135th Session, 2023
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him.
Consideration 12
Extract:
The further claims for an apology and for declarations of law must be rejected as the first one is beyond the competence of the Tribunal (see Judgment 4478, consideration 4) and the second one is irreceivable (see Judgment 4246, consideration 11).
Reference(s)
ILOAT Judgment(s): 4246, 4478
Keywords:
apology; declaration of law;
Judgment 4492
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks compensation for the alleged financial consequences of the decision taken in March 2003 to grant her an invalidity pension with retroactive effect from 1 July 2000.
Consideration 8
Extract:
The complainant essentially asks the Tribunal to issue what amounts to a declaratory order on future uncertain contingencies. The Tribunal does not make such orders.
Keywords:
declaration of law;
Judgment 4246
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-recognition of her illnesses as occupational illnesses.
Consideration 11
Extract:
The complainant requests the Tribunal to make a number of declarations of law. According to the Tribunal’s established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).
Reference(s)
ILOAT Judgment(s): 3618, 3640, 3764, 3876
Keywords:
declaration of law;
Judgment 4245
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her employment for reasons of health.
Consideration 9
Extract:
The complainant requests the Tribunal to make a number of declarations of law. According to the Tribunal’s established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).
Reference(s)
ILOAT Judgment(s): 3618, 3640, 3764, 3876
Keywords:
declaration of law;
Judgment 4244
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to relegate her by two salary steps.
Consideration 8
Extract:
The complainant asks the Tribunal to make a number of declarations of law. According to the Tribunal’s established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).
Reference(s)
ILOAT Judgment(s): 3618, 3640, 3764, 3876
Keywords:
declaration of law;
Judgment 4243
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the dismissal of her complaint of discrimination and harassment.
Consideration 27
Extract:
The complainant asks the Tribunal to make a number of declarations of law. According to the Tribunal’s established case law, such claims are irreceivable (see Judgments 3876, consideration 2, 3764, consideration 3, 3640, consideration 3, and 3618, consideration 9).
Reference(s)
ILOAT Judgment(s): 3618, 3640, 3764, 3876
Keywords:
declaration of law;
Judgment 3876
124th Session, 2017
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests the payment, after his death, of a pension for a surviving spouse to his wife and of an orphan’s pension to two children of whom he claims to be the biological father. He also claims allowances for dependent children.
Consideration 2
Extract:
According to the Tribunal’s case law, it is not for the Tribunal to make such declarations (see Judgments 1546, under 3, 2299, under 5, 2649, under 6, or 3764, under 3).
Reference(s)
ILOAT Judgment(s): 1546, 2299, 2649, 3764
Keywords:
declaration of law;
Judgment 3764
123rd Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the dismissal of his request for a review of the classification of his post.
Consideration 3
Extract:
It should be recalled that it is not for the Tribunal to make declarations of law (see Judgment 2649, under 6). The parties’ claims seeking various declarations in law by the Tribunal should really be regarded merely as pleas in support of their claims for the setting aside of decisions and the award of compensation. A long line of precedent has it that such claims seeking declarations in law are irreceivable where, as in this case, they are devoid of legal effect per se (see, for example, Judgments 1546, under 3, 2299, under 5, and 3206, under 8). These claims seeking declarations in law must be dismissed on this ground.
Reference(s)
ILOAT Judgment(s): 1546, 2299, 2649, 3206
Keywords:
declaration of law;
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