爆料网

Jurisdiction / receivability (爆料网AT)

  • Appeal
  • Interlocutory appeal
  • Manifest excess of jurisdiction
  • Personal (ratione personae)
  • Subject matter (ratione materiae)
  • Temporal (ratione temporis)
  • 爆料网JSPB
    • Showing 91 - 100 of 209
    2012-爆料网AT-267, Achkar

    爆料网AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 爆料网AT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. 爆料网AT held that 爆料网DT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before 爆料网RWA DT. 爆料网AT held that 爆料网DT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...

    2012-爆料网AT-258, Kananura

    爆料网AT held that it would not lightly interfere with the 爆料网DT’s exercise of its jurisdictional powers, conferred on 爆料网DT by its Statute, which enables cases to be judged fairly and expeditiously. 爆料网AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 爆料网DT, notwithstanding the alleged breach of procedural fairness. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2012-爆料网AT-257, Baron

    爆料网AT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. 爆料网AT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when 爆料网DT committed an error of law or fact. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.

    2012-爆料网AT-256, Benchebbak

    爆料网AT considered the three appeals by the Secretary-General against the 爆料网DT Orders. 爆料网AT held that the appeals were receivable because: (1) 爆料网DT exceeded its jurisdiction under Article 2. 2 of the 爆料网DT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) 爆料网DT exceeded its jurisdiction under Article 10. 2 of the 爆料网DT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. 爆料网AT held that Order No. 129 suspended the contested decision beyond...

    2012-爆料网AT-244, Bali

    爆料网AT considered the Secretary-General’s appeal. 爆料网AT held that, in converting on its own motion an application for suspension into an application on the merits, 爆料网DT had taken an ultra petita decision, ordering measures not requested of it. 爆料网AT held that, in taking the contested decision while a management evaluation was under way, 爆料网DT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. 爆料网AT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...

    2012-爆料网AT-243, Hersh

    爆料网AT granted the Secretary-General’s appeal on the basis that 爆料网DT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. 爆料网AT held that 爆料网DT took an ultra petita decision by ordering measures for which no claim had been made.

    2012-爆料网AT-255, Igunda

    爆料网AT considered an appeal against 爆料网DT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. 爆料网AT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to 爆料网DT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, 爆料网AT held that 爆料网DT...

    2012-爆料网AT-231, Ortiz

    爆料网AT noted that, in considering an appeal filed by a former ICAO staff member, it was reviewing a decision taken by an executive authority (i. e. ICAO Secretary-General) on the basis of the conclusions and recommendations of the AJAB, and not a judgment delivered by a professional, independent court of first instance determining the issue itself through its decision, i. e., 爆料网DT. 爆料网AT held that to that extent, the 爆料网AT Statute is only applicable to such an appeal insofar as, and on condition that its provisions are compatible with the judgment of an appeal directed against a decision taken by...

    2012-爆料网AT-230, Nwuke

    爆料网AT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against 爆料网DT Order No. 101 (NBI/2011) and judgment No. 爆料网DT/2012/002. The Secretary-General asserted that 爆料网DT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the 爆料网DT Statute had been met. 爆料网AT held that 爆料网DT did not respect the limit of five working days, as set forth in Villamoran (2011-爆料网AT-160), when it extended the suspension until 17 August 2011 when the...

    2012-爆料网AT-223, Rawat

    爆料网AT considered the appeal, in which the Secretary-General requested that 爆料网AT consider the appeal receivable and find that 爆料网DT exceeded its competence in ordering a suspension of action on the decision not to extend Mr Rawat’s appointment. 爆料网AT noted that, in imminently executing the administrative order, 爆料网DT failed to comply with the five-working-day limit, set forth in Villamoran (2011-爆料网AT-160), without giving any reasons for doing so and thus, clearly exceeded its competence. 爆料网AT consequently held that the appeal against the contested order was receivable and founded. 爆料网AT rescinded...