UNDT/2009/029

UNDT/2009/029, Gonzalez-Ruiz & Buscaglia

UNAT Held or UNDT Pronouncements

A summary judgment was rendered because, as per art. 9 of the RoP, there was no dispute as to the material facts and judgment was restricted to matters of law. As one of the Applicants did not file an application in person (art. 8.1 (b), 3.1 and 2.1 of UNDT Statute) neither designated a counsel to act on his behalf (art. 12 of UNDT RoP), his application was deemed as not receivable. Furthermore, considering that an apology is beyond the remedies which may be ordered by the Tribunal in accordance with art. 10.5 of UNDT Statute, the application was declared as out of the Tribunal’s mandate.

Decision Contested or Judgment/Order Appealed

A person submitted an application on behalf of the Applicants. The JAB and the Tribunal requested the Applicants to confirm that person as their counsel. Just one of them did it. Moreover, the only remedy sought in the application was an apology from the Administration.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Gonzalez-Ruiz & Buscaglia

Entity

Case Number(s)

Tribunal

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