2010-��AT-077

��AT Held or ��DT Pronouncements

��AT considered an appeal against Order No. ��DT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, ��AT held that the Order had no practical effect following the withdrawal of the request for suspension of action. ��AT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. ��AT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to extend her contract. In response to an application for suspension of action, ��DT issued Order No. ��DT/NBI/O/2010/023, which granted the application. On the same day as the application, the Applicant withdrew her request for suspension of action as the Secretary-General had agreed to extend her contract by one month and her application had become moot.

Legal Principle(s)

A party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds.

Outcome

Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Rasul

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement