2011-��AT-165

��AT Held or ��DT Pronouncements

��AT held that the contested decisions of the ICAO Council are not administrative decisions within the mandate of ��AT. ��AT held that these decisions are regulatory decisions that are not subject to review by ��AT. ��AT dismissed the appeal for want of subject-matter jurisdiction.

Decision Contested or Judgment/Order Appealed

ICAO Council��s decisions: The ICAO Secretary General contested the decisions by the Council: C-DEC 186/1 (20 January 2009) and C-DEC 186/12 (18 March 2009). In decision C-DEC 186/1, the Council announced inter alia that it had it would require the written approval of the President of the Council for any hiring, appointment, and promotion of P-4 employees and above. On 18 March 2009, the Council amended its decision through the issuance of decision C-DEC 186/12 by requiring, subject to certain exceptions, the written approval of the President of the Council for any hiring, appointment, promotion, extension and termination of P-4 employees and above. The ICAO Secretary General filed his application with the Former Administrative Tribunal. Following the abolishment of that Tribunal, the case was transferred to ��AT.

Legal Principle(s)

The decisions of the governing body of ICAO are not, within the mandate of ��AT, administrative decisions. These decisions are regulatory decisions that are not subject to judicial review by ��AT.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

No relief ordered

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