568 (2024)

��AT Held or ��DT Pronouncements

The ��AT found that the present motion was distinguishable from a typical motion for withdrawal of an appeal: the non-moving party objects to the withdrawal as a revised appeal would enable the Secretary-General to address arguments included in the answer and, second, the Secretary-General still deems it necessary to pursue an appeal. The ��AT held that its reiteration in a recent case that appeals on the merits and relief should be considered together had not been new and was an insufficient basis on which to request the filing of a revised appeal. The ��AT found, however, that when the ��DT had issued separate judgments on liability and relief, the ��AT appreciated a party��s concern for preserving rights to appeal a judgment. The ��AT denied the motion for leave to file a revised appeal and decided that the motion to withdraw the first appeal was moot.

Decision Contested or Judgment/Order Appealed

The ��DT issued Judgment No. ��DT/2024/007 on liability. The Secretary-General appealed. Subsequently, the ��DT issued Judgment No. ��DT/2024/032 on relief. The Secretary-General filed a motion for withdrawal of the appeal of the Judgment on liability and leave to file a revised appeal that would address both ��DT Judgments. Before the expiration of the time limit, the Secretary-General filed the appeal of the ��DT Judgment on relief.

Legal Principle(s)

As a best practice and for judicial efficiency, appeals on the merits and relief should be considered together. This would be best achieved if the ��DT or the first instance tribunal issued a single judgment addressing both merits and remedies.

Outcome

Other motion denied

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Individual Party

Ivan Aguilar Valle

Entity

Case Number(s)

Tribunal

Registry

Date of Order