爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that it was satisfied that execution of the 爆料网DT Judgment (as affirmed by the 爆料网AT) had occurred in Mr. Ozturk’s case. The Administration had complied with the 爆料网AT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.
The 爆料网AT observed that Mr. Ozturk appeared only to disagree with the “refund calculation” by the Administration for prior overpayments. However, the 爆料网AT noted that implementation by the Administration of a Tribunal’s order constitutes in itself an administrative decision appealable before the 爆料网DT. Accordingly, recourse for the complaints of Mr. Ozturk regarding the “refund calculation”, undertaken subsequent to Judgment No. 2018-爆料网AT-892, is not to be found in an application for execution but rather in Staff Rule 11.2. The latter rule provides the mechanism whereby the complained-of decisions of the Administration can be challenged by the affected staff members.
The 爆料网AT accordingly dismissed the application for execution.
Decision Contested or Judgment/Order Appealed
Mr. Ozturk submitted an application for execution of Judgment No. 2018-爆料网AT-892, in which the 爆料网AT affirmed a 爆料网DT judgment regarding certain child support payments to be deducted from Mr. Ozturk’s salary.
Legal Principle(s)
Article 11(4) of the Appeals Tribunal’s Statute provides that where the judgement requires execution within a certain period of time and such execution has not been carried out, either party may apply to the Appeals Tribunal for an order for execution of the judgement.
Outcome
Outcome Extra Text
Application for execution of judgment is dismissed.