爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeals by the Secretary-General challenging 爆料网DT’s determination that the decision not to investigate 爆料网SU election matters was receivable. 爆料网AT held by majority that the appeal was not receivable, based on jurisprudence that a party may not appeal against a judgment in which it has prevailed. 爆料网AT noted that although 爆料网DT reviewed the merits of the decision despite the Secretary-General’s argument that the decision was not receivable ratione materiae, 爆料网DT found in favour of the Secretary-General. 爆料网AT held that, as there was no negative impact to the Secretary-General, there was no right to appeal even if the judgment contained errors of law or fact, including with respect to its jurisdiction or competence. 爆料网AT dismissed both appeals as not receivable by majority, with Judge Chapman dissenting.
Decision Contested or Judgment/Order Appealed
The Applicants contested the Secretary-General’s refusal to conduct an investigation into the irregularities surrounding the June 2011 爆料网 Staff Union (爆料网SU) elections, in light of the failure of the 爆料网SU Arbitration Committee to adequately address the matter. 爆料网DT found, inter alia, that the refusal to carry out the requested investigation was an administrative decision subject to review. Nonetheless, 爆料网DT held that such a decision was lawful since neither the 爆料网SU Statute nor the jurisprudence indicated that the Secretary-General was obligated to intervene in the conduct of 爆料网SU elections.
Legal Principle(s)
A party may not appeal against a judgment in which it has prevailed. Where there is no negative impact, there is no right to appeal even if the judgment contained errors of law or fact, including with respect to its jurisdiction or competence.