Judgment No. 335
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
According to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "The provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." Limited power of review by the Tribunal.
Keywords
place of origin; exception; amendment to the rules; home; judicial review; discretion
Consideration 5
Extract:
"The authorities of the Institute are not bound, unless there be a provision to that effect, by the rules which govern the staff of the European Communities."
Keywords
applicable law; law of european communities; rule of another organisation; coordinated organisations
Consideration 3
Extract:
"What is generally meant by someone's place of origin is the place to which he belongs or at least where his family has been settled for one or more generations. At the least it may be the place where his family is living. The term would be strained beyond normal usage, however, if the place of origin of a married man were taken to be the place where his wife has relatives or property."
Keywords
place of origin; definition
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