2020-惇蹋厙AT-1038

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to 惇蹋厙DT. 惇蹋厙AT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to 惇蹋厙AT. 惇蹋厙AT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. 惇蹋厙AT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the 惇蹋厙 and WMO dated 20 January 2020. 惇蹋厙AT remanded the case to 惇蹋厙DT, under Article 2(10) of the 惇蹋厙AT Statute, as the neutral first instance process for WMO under the Agreement between the 惇蹋厙 and WMO dated 20 January 2020.

Decision Contested or Judgment/Order Appealed

WMO decision: The Applicant contested the decision of the Secretary-General of the WMO to maintain the implementation of the ICSC decision with respect to the Geneva post-adjustment multiplier. The matter was considered by WMO＊s Joint Appeals Board (JAB).

Legal Principle(s)

A case requires proper consideration by a neutral first instance process that includes a written record and a written decision providing reasons, fact and law in order to be appealable to 惇蹋厙AT.

Outcome

Case remanded

Outcome Extra Text

No relief ordered; No relief ordered.

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

Applicants/Appellants

Rixen

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement