2010-UNAT-054

2010-UNAT-054, Atogo

UNAT Held or UNDT Pronouncements

UNAT preliminarily rejected the request for an oral hearing since there was no need for further clarification. UNAT held that the appeal was not receivable for not being filed against a final judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant requested UNDT to strike out the Secretary-General’s response to his application and to enter a summary judgment in his favour. Alternatively, the Applicant requested the transfer of his case to UNDT Geneva or New York. By Order No. 028, UNDT rejected the request to strike out the Secretary-General’s response.

Legal Principle(s)

In Bertucci (judgment No. 2010-UNAT-062), UNAT held that, as a general rule, only appeals against final judgments are receivable.

Outcome

Appeal dismissed on merits

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 UNDT Statute and Article 11(3) of the UNAT 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.

Full Judgment

Applicants/Appellants

Atogo

Entity

Case Number(s)

Tribunal

Registry :