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Ä¢¹½ÊÓƵAT, applying Bertucci (2010-Ä¢¹½ÊÓƵAT-062), rejected as not receivable an interlocutory appeal against Ä¢¹½ÊÓƵDT¡¯s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within Ä¢¹½ÊÓƵDT¡¯s jurisdiction. The alleged lack of jurisdiction of Ä¢¹½ÊÓƵDT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. Ä¢¹½ÊÓƵAT further held that the appeal against Ä¢¹½ÊÓƵDT¡¯s order for production of the OIOS...

Ä¢¹½ÊÓƵAT preliminarily rejected the request for an oral hearing since there was no need for further clarification. Ä¢¹½ÊÓƵAT held that the appeal was not receivable for not being filed against a final judgment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. Ä¢¹½ÊÓƵDT/2010/038. Ä¢¹½ÊÓƵAT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. Ä¢¹½ÊÓƵAT held that an appeal against the Order was not receivable because it was not a final judgment rendered by Ä¢¹½ÊÓƵDT. Regarding judgment No. Ä¢¹½ÊÓƵDT/2010/038, Ä¢¹½ÊÓƵAT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. Ä¢¹½ÊÓƵAT held that the Appellant had failed to complete his appeal...

Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s interlocutory appeal against the Ä¢¹½ÊÓƵDT order as not receivable, finding that Ä¢¹½ÊÓƵDT had discretionary authority in case management and the production of evidence in the interest of justice. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. Ä¢¹½ÊÓƵAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeals against Ä¢¹½ÊÓƵDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. Ä¢¹½ÊÓƵAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the Ä¢¹½ÊÓƵDT Statute authorizes Ä¢¹½ÊÓƵDT to order suspension of a contested decision only ¡°during the pendency of the management evaluation¡±. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT exceeded its jurisdiction in ordering suspension of the contested...

Ä¢¹½ÊÓƵAT had before it: an application for interpretation of judgment No. 2010-Ä¢¹½ÊÓƵAT-043 on the issue of to which Ä¢¹½ÊÓƵDT Registry Ä¢¹½ÊÓƵAT remanded Ms Mezoui¡¯s case; two appeals from Ä¢¹½ÊÓƵDT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. Ä¢¹½ÊÓƵAT held that the application for interpretation was a ruse to have Ä¢¹½ÊÓƵAT interfere with Ä¢¹½ÊÓƵDT¡¯s assignment of venue. Ä¢¹½ÊÓƵAT held that venue was a matter for the trial court¡¯s discretion, with which it would not interfere. Ä¢¹½ÊÓƵAT held that it would not, generally, entertain interlocutory appeals. Ä¢¹½ÊÓƵAT denied the application for...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where Ä¢¹½ÊÓƵDT has manifestly exceeded its jurisdiction. Ä¢¹½ÊÓƵAT held that even though Ä¢¹½ÊÓƵDT may have committed a procedural error, it had not exceeded its jurisdiction. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that it would not lightly interfere with the Ä¢¹½ÊÓƵDT¡¯s exercise of its jurisdictional powers, conferred on Ä¢¹½ÊÓƵDT by its Statute, which enables cases to be judged fairly and expeditiously. Ä¢¹½ÊÓƵAT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of Ä¢¹½ÊÓƵDT, notwithstanding the alleged breach of procedural fairness. Ä¢¹½ÊÓƵAT held that the appeal was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. Ä¢¹½ÊÓƵAT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when Ä¢¹½ÊÓƵDT committed an error of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered the three appeals by the Secretary-General against the Ä¢¹½ÊÓƵDT Orders. Ä¢¹½ÊÓƵAT held that the appeals were receivable because: (1) Ä¢¹½ÊÓƵDT exceeded its jurisdiction under Article 2. 2 of the Ä¢¹½ÊÓƵDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) Ä¢¹½ÊÓƵDT exceeded its jurisdiction under Article 10. 2 of the Ä¢¹½ÊÓƵDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. Ä¢¹½ÊÓƵAT held that Order No. 129 suspended the contested decision beyond...