Member State (195, 196,-666)
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Keywords: Member State
Total judgments found: 49
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Judgment 1543
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES
Keywords:
competence of tribunal; complaint; discretion; executive head; iloat statute; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; request by a party; summary procedure; waiver of immunity;
Judgment 1456
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
The Tribunal "may not order the organisation to negotiate with a member State or set the objectives of any such negotiation."
Keywords:
competence of tribunal; judgment of the tribunal; member state; organisation; tribunal;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal is quite satisfied on the evidence that the complainant was not treated as she ought to have been. It is true that the French government was to blame for the shilly-shallying and shifts of attitude she had to put up with [...] but the organization's fault, though limited, is beyond dispute."
Keywords:
injury; liability; member state; organisation's duties; staff member's interest;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."
Reference(s)
Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION
Keywords:
appointment; candidate; career; competition; competition cancelled; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The impugned decision [not to renew the complainant's appointment] was warranted neither by the WHO's concern for the purported interests of the country of the complainant's nationality nor by its desire to keep on good terms and work effectively with its membership. Relations with a member state may be good without the Organization's allowing any of its Member States the right to interfere in the area of personnel management."
Keywords:
complainant; contract; decision; fixed-term; independence; international civil service principles; member state; nationality; non-renewal of contract; organisation; place of origin;
Consideration 4
Extract:
WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."
Reference(s)
ILOAT Judgment(s): 15
Keywords:
case law; complainant; contract; decision; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."
Keywords:
burden of proof; early retirement; independence; international civil service principles; lack of consent; member state; official; organisation; organisation's duties; request by a party;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."
Keywords:
contract; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;
Judgment 1225
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The adjustment of the net contribution to be made by a member State under Financial Rule 202.8 is a matter between that State and the Organization; if a State does not insist upon, or waives, its rights, that is no concern of the staff member as such in his relations to the Organization, whatever may be his rights as a citizen or resident of that State.
Keywords:
member state;
Judgment 1030
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed for misconduct. The organization charged him with refusal to perform duties, refusal to obey instructions and sending letters to Indian government officials with the intention of damaging the organization's reputation. The Tribunal is satisfied on the evidence that the charges are substantially true.
Keywords:
conduct; independence; insubordination; member state; misconduct; official; organisation's reputation; termination of employment;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8(b)
Extract:
"The political activities [the complainant] is said to have engaged in were never investigated and cannot therefore serve to excuse the inadequacy of the grounds for the decision. Even though the protests came from governments of [the Organization's] member states they are not decisive. The Organization cannot bow to a government's wishes before making sure that they are compatible with its own interests."
Keywords:
contract; fixed-term; independence; lack of evidence; member state; non-renewal of contract; organisation; organisation's interest; political activity;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
When an organisation is considering whether or not to renew the contract of a government official of a Member State, it is reasonable that it should once again consult the Member State it consulted at the time of the initial appointment. It is conceivable that the mMmber State will wish to re-recruit its former official. Where sound reasons for opposition to the renewal are expressed or implied, the Director-General will go along with them. "But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State."
Keywords:
consultation; contract; fixed-term; grounds; member state; non-renewal of contract; refusal;
Consideration 6
Extract:
"The executive head of an organisation is bound at all times to safeguard its interests and, where necessary, give them priority over others. One area in which the rule applies is staff recruitment. [...] But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State. The organisation has an interest in being on good terms with all Member States, but that is no valid ground for a Director-General to fall in with the wishes of every one of them."
Keywords:
appointment; independence; member state; organisation; organisation's interest;
Consideration 7
Extract:
In letting the interests of a Member State prevail over those of the organisation for no valid reason, the Director-General committed a misuse of authority which taints his decision not to renew the contract. The Tribunal need not consider whether the impugned decision is further tainted with any error of law.
Keywords:
abuse of power; contract; fixed-term; member state; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision to abolish the complainant's post and create a new one was taken by [a national] government, which alone was competent to take it. It was not for the [organization] to impose such a decision and so interfere in the internal affairs of the [national] authorities. Nor is it established that it sought to influence those authorities. [...] It had no reason to oppose the wishes of the [...] government, which was free to decide what form assistance from international organisations should take."
Keywords:
abolition of post; competence; decision; member state; project personnel;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
Vide Judgment 372, considerations 5 and 6.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The parties are bound by a contract for conditional appointment. One condition relates to "government and other internal clearances". The dossier contains no explanation of what this phrase means. "[S]ince it occurs in a document composed and proffered by the organization it is for the organization in the first place to attribute a meaning to it. Without this elucidation the Tribunal cannot hold that the condition has not been fulfilled [...]."
Keywords:
acceptance; condition; contract; judicial review; medical examination; member state; offer;
Judgment 260
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.
Keywords:
contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
Keywords:
abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
Consideration 7
Extract:
The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.
Keywords:
abolition of post; bias; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."
Keywords:
contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's submission that the President of the Tribunal should make an order to authorise him to communicate the dossier of his dismissal to the government does not fall within the competence of either the President or the Tribunal.
Keywords:
competence of tribunal; member state; termination of employment;
Judgment 75
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; locus standi; member state; staff member's duties; status of complainant;
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