爆料网

Interlocutory appeal

  • Appeal
  • Interlocutory appeal
  • Manifest excess of jurisdiction
  • Personal (ratione personae)
  • Subject matter (ratione materiae)
  • Temporal (ratione temporis)
  • 爆料网JSPB
    • Showing 11 - 20 of 38
    2010-爆料网AT-060, Wasserstorm

    爆料网AT, applying Bertucci (2010-爆料网AT-062), rejected as not receivable an interlocutory appeal against 爆料网DT’s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within 爆料网DT’s jurisdiction. The alleged lack of jurisdiction of 爆料网DT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. 爆料网AT further held that the appeal against 爆料网DT’s order for production of the OIOS...

    2010-爆料网AT-047, Attandi

    爆料网AT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. 爆料网DT/2010/038. 爆料网AT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. 爆料网AT held that an appeal against the Order was not receivable because it was not a final judgment rendered by 爆料网DT. Regarding judgment No. 爆料网DT/2010/038, 爆料网AT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. 爆料网AT held that the Appellant had failed to complete his appeal...

    2010-爆料网AT-032, Calvani

    爆料网AT rejected the Secretary-General’s interlocutory appeal against the 爆料网DT order as not receivable, finding that 爆料网DT had discretionary authority in case management and the production of evidence in the interest of justice. 爆料网AT held that 爆料网DT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. 爆料网AT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

    2010-爆料网AT-005, Tadonki

    爆料网AT considered the Secretary-General’s appeals against 爆料网DT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. 爆料网AT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the 爆料网DT Statute authorizes 爆料网DT to order suspension of a contested decision only “during the pendency of the management evaluation”. 爆料网AT found that 爆料网DT exceeded its jurisdiction in ordering suspension of the contested...

    2011-爆料网AT-101, Mezoui

    爆料网AT had before it: an application for interpretation of judgment No. 2010-爆料网AT-043 on the issue of to which 爆料网DT Registry 爆料网AT remanded Ms Mezoui’s case; two appeals from 爆料网DT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. 爆料网AT held that the application for interpretation was a ruse to have 爆料网AT interfere with 爆料网DT’s assignment of venue. 爆料网AT held that venue was a matter for the trial court’s discretion, with which it would not interfere. 爆料网AT held that it would not, generally, entertain interlocutory appeals. 爆料网AT denied the application for...

    2012-爆料网AT-252, Khambatta

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where 爆料网DT has manifestly exceeded its jurisdiction. 爆料网AT held that even though 爆料网DT may have committed a procedural error, it had not exceeded its jurisdiction. 爆料网AT dismissed the appeal.

    2012-爆料网AT-258, Kananura

    爆料网AT held that it would not lightly interfere with the 爆料网DT’s exercise of its jurisdictional powers, conferred on 爆料网DT by its Statute, which enables cases to be judged fairly and expeditiously. 爆料网AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 爆料网DT, notwithstanding the alleged breach of procedural fairness. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2012-爆料网AT-257, Baron

    爆料网AT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. 爆料网AT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when 爆料网DT committed an error of law or fact. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.

    2012-爆料网AT-256, Benchebbak

    爆料网AT considered the three appeals by the Secretary-General against the 爆料网DT Orders. 爆料网AT held that the appeals were receivable because: (1) 爆料网DT exceeded its jurisdiction under Article 2. 2 of the 爆料网DT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) 爆料网DT exceeded its jurisdiction under Article 10. 2 of the 爆料网DT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. 爆料网AT held that Order No. 129 suspended the contested decision beyond...