爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. 爆料网AT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. 爆料网AT accordingly held that 爆料网AT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s application was rendered. 爆料网AT consequently annulled 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his contract. 爆料网DT ordered a suspension of action of this decision until a decision on the merits of the Applicant’s application had been reached.
Legal Principle(s)
The exclusion of the right to appeal a decision on the suspension of action on an administrative decision constitutes an exception to the general principle of law of the right of appeal and should therefore be interpreted strictly. It thus follows that this exception can be applied only to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing.