2022-蘑菇视频AT-1215, Secretary-General
蘑菇视频AT reversed the 蘑菇视频DT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, 蘑菇视频AT explained (paras. 32-33): “It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the 蘑菇视频DT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the 蘑菇视频DT from assuming a...