Amendment to the rules (233,-666)
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Keywords: Amendment to the rules
Total judgments found: 217
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Judgment 5079
140th Session, 2025
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests Administrative Council decision CA/D 7/10, by which the EPO amended Article 83 of the Service Regulations for permanent employees of the European Patent Office, abolishing the ceiling of 2.4 per cent of the basic salary on employees’ healthcare insurance contributions.
Judgment keywords
Keywords:
acquired right; amendment to the rules; complaint dismissed; contribution rate; contributions; health insurance; staff regulations and rules;
Consideration 13
Extract:
In conclusion, the abolition of the 2.4 per cent ceiling on employee contributions has not altered a fundamental and essential term of employment affecting the complainant’s acquired rights. It has not resulted in any adverse effect on the balance of contractual obligations either. It follows that the complainant’s plea alleging a violation of his acquired rights is unfounded.
Keywords:
acquired right; amendment to the rules; contribution rate; contributions; health insurance;
Judgment 5078
140th Session, 2025
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges general decisions CA/D 22/09 and CA/D 2/14, as well as the individual decisions rejecting his respective requests to participate in the 2013 and 2014 Staff Committee elections.
Consideration 6
Extract:
[T]he purpose of the amendment was explicitly to ensure the Staff Committee comprised members actively involved in the day-to-day running of the service. The exclusion of employees in non-active status directly served the legitimate organisational objective of operational effectiveness.
Keywords:
amendment to the rules; staff union; staff union activity;
Judgment keywords
Keywords:
amendment to the rules; complaint dismissed; freedom of association; general decision; staff regulations and rules; staff union; staff union activity;
Judgment 5072
140th Session, 2025
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a Board of Appeal member, challenges the fact that he did not receive an automatic salary advancement following the repeal of the transitional provisions contained in decision CA/D 4/15.
Consideration 14
Extract:
Where no acquired rights have been breached – as is the case here –there is no requirement on an administrative body, when adopting a general decision on a particular topic, to follow the provisions of similar decisions that it had previously adopted on the same topic or guidance that it has previously issued on the matter. It still has the possibility to lay down new provisions or issue new guidance if it considers it appropriate so to do.
Keywords:
acquired right; amendment to the rules;
Judgment 4324
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The applicant seeks execution in full of Judgments 3045 and 3792 and recognition that the disease which led to his invalidity status is occupational.
Consideration 5
Extract:
When an organisation is required to take a new decision after a case has been referred back to it by a judgment of the Tribunal, if the applicable provisions have been amended in the meantime, the organisation must take that decision in compliance with the procedure now in force (see, for example, Judgment 3896, consideration 4).
Reference(s)
ILOAT Judgment(s): 3896
Keywords:
amendment to the rules; applicable law; execution of judgment;
Judgment 3939
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 extend his appointment beyond the statutory retirement age.
Consideration 7
Extract:
[I]t is clear from the explanations supplied by UNESCO in its written submissions to the Appeals Board and in those filed with the Tribunal that the complainant’s argument regarding his term of office was in fact taken into account by the Director-General when assessing the merits of his request. [...]
In addition, this decision will not be censured for the inadequacy of its initial reasoning, since the Tribunal’s case law accepts that the reasons for an administrative decision may be supplied or supplemented a posteriori during appeal proceedings (see, in particular, Judgments 1817, under 6, 2194, under 7, or 3660, under 3). This was the case here, and the complainant is wrong to submit that when UNESCO subsequently provided explanations, it modified the original reasons for the contested decision, since it merely clarified them.
Reference(s)
ILOAT Judgment(s): 1817, 2194, 3660
Keywords:
amendment to the rules; grounds; internal procedure;
Judgment 3185
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.
Consideration 7(b)
Extract:
"The rule that administrative acts cannot apply retroactively [...] prevents an international organisation from altering definitively established legal situations, for example by calling into question an appraisal of service rendered during an evaluation period prior to the adoption of the new rules, as occurred in the instant case."
Keywords:
amendment to the rules; non-retroactivity; organisation's duties; period; work appraisal; written rule;
Judgment 3135
113th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Tribunal […] draws attention to the fact that, generally speaking, the terms of employment of staff members of international organisations may vary according to amendments of the existing staff regulations or staff rules and that such references to the original provisions as may be contained in their employment contracts do not prevent this.
Keywords:
amendment to the rules; applicable law; terms of appointment;
Consideration 25
Extract:
[T]he fact that the amendment of this term of employment was prompted by financial considerations does not in itself make it unlawful (see, for example, [...] Judgments 832, 2682 and 2986).
Reference(s)
ILOAT Judgment(s): 832, 2682, 2986
Keywords:
amendment to the rules; financial considerations;
Judgment 3123
113th Session, 2012
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[A]n international organisation is bound by the rules which it has itself laid down, as long as it has not modified or repealed them (see Judgment 1896, under 5(d)), and this principle is especially relevant in disciplinary matters."
Reference(s)
ILOAT Judgment(s): 1896
Keywords:
amendment to the rules; disciplinary measure; disciplinary procedure; general principle; organisation's duties; patere legem; written rule;
Judgment 3074
112th Session, 2012
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"[I]nternational organisations' staff members do not have a right to have all the conditions of employment laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career.
[M]ost of those conditions [can] be altered during [their] employment as a result of amendments to those provisions. Of course the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, according to the case law established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official's situation to his or her detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2696 or 2986). The conditions for the payment of removal expenses, in particular a limit on the volume of household goods which may be shipped at the Organization's expense, plainly do not have this character [...]."
Reference(s)
ILOAT Judgment(s): 61, 832, 986, 2089, 2682, 2696, 2986
Keywords:
acquired right; amendment to the rules; applicable law; appointment; breach; career; condition; contract; date; exception; limits; official; personal effects; provision; removal expenses; right; staff regulations and rules; terms of appointment;
Judgment 3073
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"
Reference(s)
ILOAT Judgment(s): 1158, 1646, 2584, 2712
Keywords:
amendment to the rules; appointment; breach; candidate; competition; condition; criteria; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;
Judgment 3054
112th Session, 2012
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
amendment to the rules; complaint dismissed; contract; general decision; staff representative;
Judgment 2972
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Existence of an acquired right to work night shifts and to receive the corresponding allowance.
"An acquired right is breached when 'an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on' (see Judgment 2682, under 6)."
Reference(s)
ILOAT Judgment(s): 2682
Keywords:
acceptance; acquired right; amendment to the rules; breach; condition; contract; terms of appointment;
Judgment 2963
110th Session, 2011
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Quashing of a retroactive termination of appointment for reasons of health.
"It is well settled that an international organisation cannot retrospectively alter the rights and obligations of staff members to their detriment, whether by written rule or otherwise (see, for example, Judgments 595, under 5 and 6, 1669, under 17 and 18, and 1979, under 5(h))."
Reference(s)
ILOAT Judgment(s): 595, 1669, 1979
Keywords:
amendment to the rules; non-retroactivity; right; staff member's duties; staff member's interest; written rule;
Judgment 2936
109th Session, 2010
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[T]rifling differences in the respective situations of staff members do not justify different treatment where the people concerned are in what may be regarded as comparable, albeit not identical positions vis-à-vis the rule applying to them [...]."
Reference(s)
ILOAT Judgment(s): 792, 2066
Keywords:
amendment to the rules; breach; difference; equal treatment; general principle; right; staff regulations and rules; written rule;
Judgment 2877
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."
Reference(s)
ILOAT Judgment(s): 2875
Keywords:
advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;
Judgment 2876
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
"In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."
Reference(s)
ILOAT Judgment(s): 2875
Keywords:
advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;
Judgment 2875
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
In their capacity as members of the General Advisory Committee, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
"[T]o the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]."
Reference(s)
Organization rules reference: Article 10(2) Pension Scheme Regulations; Articles 1(5) and 38(3) Service Regulations for Permanent Employees of the European Patent Office
Keywords:
advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;
Judgment 2865
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(b)
Extract:
Article 72 of the Service Regulations for Permanent Employees of the European Patent Office, the EPO's secretariat, concerns the expatriation allowance. Article 72(1) reads as follows:
"An expatriation allowance shall be payable to permanent employees who, at the time they take up their duties or are transferred:
a) hold the nationality of a country other than the country in which they will be serving, and
b) were not permanently resident in the latter country for at least three years, no account being taken of previous service in the administration of the country conferring the said nationality or with international organisations."
"The country in which the permanent employee is permanently resident, within the meaning of Article 72(1)(b) of the Service Regulations, is that in which he or she is effectively living, that is to say the country with which he or she maintains the closest objective and factual links. The closeness of these links must be such that it may reasonably be presumed that the person concerned is resident in the country in question and intends to remain there. A permanent employee interrupts his or her permanent residence in a country when he or she effectively leaves that country with the intention - which must be objectively and reasonably credible in the light of all the circumstances - to settle for some length of time in another country (see Judgment 2653, under 3)."
Reference(s)
Organization rules reference: Article 72(1) of the Service Regulations for Permanent Employees of the European Patent Office
ILOAT Judgment(s): 2653
Keywords:
amendment to the rules; appointment; condition; definition; duty station; intention of parties; member state; nationality; non-resident allowance; official; organisation; payment; period; residence; staff regulations and rules; transfer;
Judgment 2850
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he complainant argues that his initial appointment ought to have been for an undetermined period since his duties were of a lasting nature. However, as he was recruited under a contract for a limited period his situation is in any case governed by the provisions applicable to such contracts, and even on the assumption that his post should normally have been filled by a servant appointed for an undetermined period - which, as can be seen from Judgment 1450, is not a matter which the Tribunal will review - this fact by itself could not lead to a redefinition of his appointment."
Reference(s)
ILOAT Judgment(s): 1450
Keywords:
amendment to the rules; appointment; contract; duration of appointment; judicial review; permanent appointment; provision; short-term;
Judgment 2845
107th Session, 2009
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
According to Article 9.8, paragraph 2, of the UPU Staff Regulations, the Director General may, in the interest of the Union, extend the age limit in exceptional cases. The Tribunal considers that "the Director General's refusal to extend the complainant's service beyond the statutory age limit constitutes an act of retaliation [...]. The Director General used his discretionary authority for purposes other than those for which it was intended, thereby committing an abuse of authority. It follows that the impugned decision must be set aside."
Reference(s)
Organization rules reference: Article 9.8, paragraph 2, of the UPU Staff Regulations
Keywords:
abuse of power; age limit; amendment to the rules; career; discretion; exception; executive head; extension beyond retirement age; hidden disciplinary measure; misuse of authority; organisation's interest; purpose; refusal; staff regulations and rules;
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