Judgment No. 622

• Organization: World Health Organization (WHO)
• Date: 05.06.1984
• Original: French
• Judges: Grisel, Ducoux, Gros Espiell
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

The complaint is presented in the form of a challenge to the Director-General's decision not to withdraw a circular. In point of fact it is challenging the circular itself, a general and abstract rule. The claim on this point is irreceivable. The Tribunal will rule on the validity of a general and abstract rule only by way of exception, while hearing a complaint which challenges an actual decision.

Keywords

general decision; competence of tribunal; administrative instruction; application for quashing

Consideration 3

Extract:

"The Tribunal hears complaints challenging decisions which are individual acts, not complaints directed against abstract rules of general purport. That its competence is so restricted is evident in particular from Article VIII of its Statute". The Tribunal will rule on the validity of a general and abstract rule "only by way of exception, viz. when hearing a complaint which challenges an actual decision."

Reference(s)

ILOAT reference: ARTICLE VIII OF THE STATUTE

Keywords

general decision; competence of tribunal; exception; iloat statute; provision