��DT/2011/200

��AT Held or ��DT Pronouncements

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo ��DT/2011/168, by which the ��DT dismissed his case as falling outside its jurisdiction. With regard to the present application, the ��DT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The ��DT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the ��AT, which was therefore seized of the matter.

Legal Principle(s)

Effect of appeal, jurisdiction of the ��DT with respect to judgments under appeal: Generally, once an appeal is filed, the ��AT must be regarded as being seized of the case and the ��DT has ceased to have any jurisdiction. To have some aspect of the proceedings continuing concurrently in the trial instance would be an abuse of process.

Outcome

Dismissed on merits

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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

Di Giacomo

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement