066- Application for Review of Judgment num 273 of the UN Administrative Tribunal

066- Application for Review of Judgment num 273 of the UN Administrative Tribunal

The International Court of Justice (ICJ) has been asked by the Committee on Requests for Reversal of Judgments of the Administrative Tribunal to give an advisory opinion on the legality of Judgment No. 273 rendered by the United Nations Administrative Tribunal on May 15th, 1981.

In that instance, the Tribunal had considered that the Secretariat General had failed to comply with its obligations by refusing to pay a repatriation grant to a retired civil servant without a certificate of relocation at the time he had retired. The administrative body had ordered, in addition to the payment of the disputed premiums, compensation for the damage suffered. It was the legality of that decision that was the subject of the advisory procedure before the ICJ.

The Court delivered its Opinion on July 20th, 1982 and considered that the Tribunal had simply applied the provisions and rules of the Statute established under the authority of the General Assembly which it had deemed relevant. Furthermore, the ICJ held that the administrative tribunal had not erred in law concerning the provisions of the Charter. On the second point, the Court considered that the jurisdiction of the Tribunal extended to the scope of the provisions of the Staff Regulations and Rules and that the Tribunal had therefore not exceeded its jurisdiction.

Advisory Opinion of 20-07-1982.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.