Host State (673,-666)

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Keywords: Host State
Total judgments found: 10

• Judgment 4727

  
  136th Session, 2023
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant asserts that the EPO failed to assist him in his attempts to obtain corrected identity cards for his children.

  Considerations 6 & 10

  Extract:

  As regards the particular legal context of the present dispute, it must be noted that the issuing of identity documents or visas to persons enjoying the privileges and immunities conferred by the seat agreement of an international organisation is the prerogative of the host State. The only duty on the organisation in question in that regard is to provide its officials with the necessary assistance to ensure that the rights inherent in their status as members of staff of that organisation are complied with by that State. Furthermore, the organisation is free to choose how it approaches the authorities in order to discharge that duty. As a result, the organisation can only be liable for delays in a suitable visa or identity document being issued if it has acted in bad faith, behaved inappropriately in its relations with the host State or been negligent in monitoring the progress of the case (see, in particular, on these various points, Judgment 3510, delivered in connection with a previous complaint lodged by the complainant concerning the initial refusal of the Dutch authorities to grant an entry visa to his daughter S., considerations 9, 12 to 14, 17 and 18, and the case law cited therein).
  [...]
  Admittedly, as has already been stated, issuing identity cards is a matter for the authorities of the host State and it is clearly beyond the competence of the Tribunal to examine the conditions in which the authorities assume that responsibility.

  Reference(s)

  ILOAT Judgment(s): 3510
  

  Keywords:

  duty of care; host state; organisation's duties;
  

  
  
  

• Judgment 4669

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.

  Consideration 4

  Extract:

  Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainant’s claim for interest for late payment on the sums that were repaid to her. Although in his letter of 8 July 2020 the Secretary General insisted that no individual decision had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions, and the corresponding interest, conditional on the successful conclusion of discussions with France and implied that interest for late payment could be considered only if URSSAF or the French authorities paid such interest. He therefore took a decision adversely affecting the complainant for the purposes of the Tribunal’s case law.

  Keywords:

  decision; host state; injury; refund;
  

  
  
  

• Judgment 4668

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.

  Consideration 4

  Extract:

  Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainant’s claim for repayment of the wrongly deducted amounts of ESC and the corresponding interest. Although in his letter of 8 July 2020 the Secretary General insisted that no individual decisions had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions conditional on the successful conclusion of discussions with France and clearly implied that a refund would only be possible if URSSAF repaid the sums in question. He therefore took a decision adversely affecting the complainant for the purposes of the Tribunal’s case law.
  

  Keywords:

  decision; host state; injury; refund;
  

  
  
  

• Judgment 4667

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants seek the restitution of amounts wrongly deducted from their salaries in respect of sickness insurance contributions.

  Consideration 5

  Extract:

  Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainants’ claims for repayment of the wrongly deducted amounts of ESC and the corresponding interest. Although in his letters of 8 July 2020 the Secretary General insisted that no individual decisions had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions conditional on the successful conclusion of discussions with France and clearly implied that a refund would only be possible if URSSAF repaid the sums in question. He therefore took a decision adversely affecting the complainants for the purposes of the Tribunal’s case law.

  Keywords:

  decision; host state; injury; refund;
  

  
  
  

• Judgment 4603

  
  135th Session, 2023
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to extend his fixed-term appointment on account of his unsatisfactory performance.

  Consideration 7

  Extract:

  To the extent that the complainant raises questions concerning human rights violations allegedly committed by the Austrian authorities and matters relating to his family circumstances, those questions relate to private rather than work-related matters and are not concerned with the non-observance of the complainant’s terms of appointment. Pursuant to paragraph 5 of Article II of the Tribunal’s Statute, they are not within the competence of the Tribunal.

  Keywords:

  competence of tribunal; host state; private life; ratione materiae;
  

  
  
  

• Judgment 4458

  
  133rd Session, 2022
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the setting aside of the information circular which, according to her, announced the closure of the UNESCO Commissary.

  Consideration 8

  Extract:

  [I]t should be noted that, although the opportunity to purchase consumer goods free of duty or tax was plainly financially advantageous to the officials who joined the Commissary, it cannot be regarded as part of their remuneration. As the Tribunal has already held, the benefits of access to a commissary cannot be so classified, since they result from a tax privilege granted directly to the officials concerned by the host country and not from an expense borne by the organisation concerned (see Judgments 1000, consideration 16, and 1001, consideration 16).

  Reference(s)

  ILOAT Judgment(s): 1000, 1001
  

  Keywords:

  facilities; host state; salary;
  

  
  
  

• Judgment 3938

  
  125th Session, 2018
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to confirm her appointment due to the rejection of her application for a work visa by the authorities of the country of her duty station.

  Judgment keywords

  Keywords:

  appointment; competence of tribunal; complaint dismissed; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;
  

  
  
  

• Judgment 3608

  
  121st Session, 2016
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the final administrative decision of the Director General by which he dismissed her internal appeal against the decision not to pay her moral damages for harassment and for injury to her dignity and reputation.

  Judgment keywords

  Keywords:

  complaint dismissed; harassment; host state;
  

  
  
  

• Judgment 3510

  
  120th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant objects to the excessive length of the process of obtaining a visa for his wife’s adopted daughter.

  Consideration 9

  Extract:

  "The forms and methods of approaching the authorities of the host country of an international organisation are a matter for the discretion of the executive body of that organisation, which is free to choose what it regards as the most appropriate course of action."

  Keywords:

  host state;
  

  
  
  

• Judgment 3141

  
  113th Session, 2012
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 35 to 37

  Extract:

  The Tribunal must emphasise that the manner in which WHO handled this case amounted to serious wrongdoing. The abrupt termination of the complainant’s appointment after the measures adopted by the Swiss authorities was prompted by an anomalous situation which, although it was primarily due to the complainant’s unlawful presence in Switzerland dating back several years, was also the result of grave malfunctioning within the Organization.
  Indeed, when recruiting its officials an international organisation must ensure that their status complies with the laws of the host State governing the residence of aliens, failing which it may be held to have abused the privileges and immunities conferred upon it and upon its staff members.
  In the instant case WHO acted with great negligence from this point of view since, as is plain from the file, it failed to carry out any checks to ascertain the complainant’s status in this respect when he was recruited and when his appointment was extended on the first two occasions. This negligence was aggravated when the complainant then submitted an application for a legitimation card, because the Organization mechanically forwarded this application to the Permanent Mission of Switzerland, although the complainant merely produced the above-mentioned power of attorney with the letterhead of the UNIA trade union as proof that he was lawfully present in Switzerland. Clearly this document could not be deemed in any way to be the equivalent of a residence permit issued by the Swiss authorities, or even as a guarantee that the complainant’s status would be regularised in the near future.

  Keywords:

  host state; negligence; termination of employment;
  

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; host state; non-renewal of contract; swiss legitimation card;
  

  Consideration 42

  Extract:

  It is obviously not incumbent upon the Tribunal to express an opinion as to whether the actions of the authorities of the host State of an international organisation are lawful, particularly with respect to the stipulations of the headquarters agreement between them, as such actions may ordinarily be challenged only in the courts of that State.

  Keywords:

  competence of tribunal; host state;