2011-UNAT-165

2011-UNAT-165, Cherif

UNAT Held or UNDT Pronouncements

UNAT held that the contested decisions of the ICAO Council are not administrative decisions within the mandate of UNAT. UNAT held that these decisions are regulatory decisions that are not subject to review by UNAT. UNAT dismissed the appeal for want of subject-matter jurisdiction.

Decision Contested or Judgment/Order Appealed

ICAO Council’s decisions: The ICAO Secretary General contested the decisions by the Council: C-DEC 186/1 (20 January 2009) and C-DEC 186/12 (18 March 2009). In decision C-DEC 186/1, the Council announced inter alia that it had it would require the written approval of the President of the Council for any hiring, appointment, and promotion of P-4 employees and above. On 18 March 2009, the Council amended its decision through the issuance of decision C-DEC 186/12 by requiring, subject to certain exceptions, the written approval of the President of the Council for any hiring, appointment, promotion, extension and termination of P-4 employees and above. The ICAO Secretary General filed his application with the Former Administrative Tribunal. Following the abolishment of that Tribunal, the case was transferred to UNAT.

Legal Principle(s)

The decisions of the governing body of ICAO are not, within the mandate of UNAT, administrative decisions. These decisions are regulatory decisions that are not subject to judicial review by UNAT.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

No relief ordered

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

Cherif

Entity

Case Number(s)

Tribunal

Registry :