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Law of European Communities (227, 228,-666)
You searched for:
Keywords: Law of European Communities
Total judgments found: 13
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
Eurocontrol "has consistently maintained that its following the [European] Communities does not impair its administrative autonomy or its right to set pay according to its own needs. So, although it eventually put an end to discrepancies that had proved rather awkward than helpful, that does not at all mean that alignment with pay in the communities must be immediate and complete."
Keywords:
binding character; law of european communities; limits; organisation's interest; salary;
Consideration 31
Extract:
"The duty to explain a decision differs in content when an organisation takes over as a whole the decisions on pay that another one - in this instance the [European] Communities - has already adopted. [...] So on falling into line with the Communities Eurocontrol had no further obligation to give an explanation especially since it was the staff themselves who had been demanding alignment."
Keywords:
duty to substantiate decision; law of european communities; limits; organisation's interest; rule of another organisation; salary; staff member's interest;
Judgment 1297
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
See Judgment 1296, consideration 7.
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1296
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal is not bound by the rulings of the Court of Justice of the European Communities, but inasmuch as Article 67(2) is derived from the article bearing the same number in the Staff Regulations of the Communities, the Court's decisions do carry persuasive authority."
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Officials of Eurocontrol do not have an acquired right to alignment of pay with the scales of the European Communities. The Tribunal observes that "there has never been anything but de facto alignment, and it has never been absolute anyway. Besides, even if it had been, the organisation made no express or implied commitment to continuing it. The practice has conferred no right on the staff to the continuance of parity."
Keywords:
acquired right; enforcement; law of european communities; practice; salary;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Vide Judgment 1123, consideration 5.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
acquired right; enforcement; law of european communities; practice; salary;
Judgment 1117
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"The settlement the European Communities reached in a dispute with their staff lays no obligation on [the organisation], the less so since the reasons for the settlement and the terms of it are largely unknown."
Keywords:
applicable law; law of european communities;
Judgment 941
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the texts stand vaccinations are not ordinarily covered by the [sickness insurance] scheme [...] that the policy of other European organisations is more liberal is an example Eurocontrol may wish but is not bound to follow."
Keywords:
applicable law; health insurance; insurance; law of european communities; medical expenses; rule of another organisation;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;
Judgment 472
47th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."
Keywords:
allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."
Keywords:
analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;
Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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; coordinated organisations; law of european communities; rule of another organisation;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Administrative Council "defined its position as follows: 'The provisions of the Staff Regulations and other texts relating to the staff should so far as possible match those applicable to European Communities staff.' It appears clearly from this statement, the precise purport of which is indicated by use of the term 'so far as possible', that the Administrative Council did not decide to ensure full conformity between [its Staff Regulations] and those of the European Communities, that it entered into no legal commitment in that regard and that it merely made a statement of intent which did not provide for any sanction."
Keywords:
binding character; coordinated organisations; enforcement; executive body; law of european communities; proposal; rule of another organisation; statement of intent;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
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