Waiver of immunity (489,-666)

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Keywords: Waiver of immunity
Total judgments found: 7

• Judgment 2657

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."

  Reference(s)

  ILOAT Judgment(s): 933
  

  Keywords:

  appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;
  

  
  
  

• Judgment 2382

  
  98th Session, 2005
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant asks the Tribunal to lift the diplomatic immunity of the WHO. "[T]his does not lie within the competence of the Tribunal."

  Keywords:

  claim; competence of tribunal; waiver of immunity;
  

  
  
  

• Judgment 2222

  
  95th Session, 2003
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 5-6

  Extract:

  "The decisive factor behind the request for the complainant's diplomatic immunity to be waived [...] was not brought to the complainant's knowledge. That might have given him a chance to identify his accusers and, if need be, armed with that knowledge, to explain to his hierarchical superiors the reasons for the serious charges brought against him, before the decision was taken to waive his diplomatic immunity [...] by virtue of the right to information recognised by the tribunal's case law, particularly Judgment 1756, the organization, which held information that was so important to the complainant, had an obligation to bring it to his knowledge. It may be concluded from the above that the organization violated the complainant's right to be informed and injured his dignity and reputation."

  Reference(s)

  ILOAT Judgment(s): 1756
  

  Keywords:

  breach; case law; complainant; consequence; decision; duty to inform; elements; judgment of the tribunal; moral injury; organisation's duties; privileges and immunities; request by a party; respect for dignity; right; right to reply; supervisor; waiver of immunity;
  

  Consideration 3

  Extract:

  "Referring to the Tribunal's case law, in particular Judgments 70 and 1543, the defendant submits that the Tribunal's competence, ratione materiae, does not extend to disputes regarding the Director-General's discretion to waive diplomatic immunity. It is worth noting that the complainant does not in fact [...] challenge the decision to waive his diplomatic immunity in itself. He rather challenges the circumstances in which that decision was taken, which in his view violated his contractual rights or those arising from the general principles of law which should be observed by international organisations. Since the case law referred to by the defendant does not apply, the Tribunal is of the view that only a consideration of the merits of the case may show whether the complainant's allegations are well founded."

  Reference(s)

  ILOAT Judgment(s): 70, 1543
  

  Keywords:

  breach; case law; competence of tribunal; complainant; condition; decision; discretion; executive head; general principle; iloat; judgment of the tribunal; judicial review; organisation; organisation's duties; privileges and immunities; rebuttal; receivability of the complaint; right; terms of appointment; waiver of immunity;
  

  
  
  

• Judgment 2190

  
  94th Session, 2003
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The organization has a discretion to assess, in the context of its relations with a Member State, which are beyond the jurisdiction of the Tribunal, whether it is appropriate to lift the immunity from legal process of its employees (see in this respect Judgments 933 and 1543)."

  Reference(s)

  ILOAT Judgment(s): 933, 1543
  

  Keywords:

  competence of tribunal; discretion; judicial review; member state; organisation; privileges and immunities; tribunal; waiver of immunity;
  

  
  
  

• 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 933

  
  65th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  No provisions in the Statute or the Rules make the Tribunal competent to order the waiver of an official's immunity.

  Keywords:

  competence of tribunal; waiver of immunity;
  

  
  
  

• Judgment 70

  
  12th Session, 1964
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II (2)

  Extract:

  Under the applicable provisions, "the privileges and immunities of officials of [the organisation] are granted solely in the interests of the organisation. Consequently, not only have officials no right to the maintenance thereof, but, moreover, the Director-General is obliged to waive an official's immunity if such immunity impedes the normal course of justice and if waiving it does not prejudice the interests of the organisation."

  Keywords:

  condition; organisation's interest; privileges and immunities; purpose; waiver of immunity;
  

  Consideration II (2)

  Extract:

  "The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."

  Keywords:

  competence of tribunal; complaint; discretion; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; waiver of immunity;