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Article 103

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    UNDT/2010/145, Basenko

    Jurisdiction / receivability (UNDT or first instance) Personal (ratione personae)

    Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with General Assembly resolution 63/253 which intentionally limited the Tribunal’s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member. The applicant’s references to provisions of the Charter of the United Nations are without merit in this respect.

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