2010-Ģ��ƵAT-064

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT stated that an Application for Interpretation is not receivable if its actual purpose is to have Ģ��ƵAT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. Ģ��ƵAT held that the applications made under subparagraphs (a) to (g) of paragraph 30 of the appeal, with the purpose of either calling into question the decision or having Ģ��ƵAT issue comments on the decision, were not receivable. Ģ��ƵAT held that the use of the word ��annul�� would not lead to confusion in the mind of a party in good faith because the language of administrative law in francophone countries more commonly refers to rejecting appeals and annulling or amending judgments. Ģ��ƵAT held that, absent provisions of the Statute or the Rules of Procedure of Ģ��ƵAT or a decision by the Tribunal indicating otherwise, there is no question that the judgment, which is final and without appeal, immediately takes effect on the date it is rendered. Ģ��ƵAT held that the application regarding the judgment��s legal effect was not receivable. Ģ��ƵAT rejected the application for Interpretation of judgment in its entirety.

Decision Contested or Judgment/Order Appealed

Previous judgment: The Applicant submitted an Application for Interpretation of judgment as it pertained to the meaning of ��annul��, and of what legal effect the Ģ��ƵAT judgment had before he received the translation. The Secretary-General submitted that the meaning and the scope of the judgment were unambiguous, requiring no interpretation.

Legal Principle(s)

An application for interpretation is not receivable if its actual purpose is to have Ģ��ƵAT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. It is only admissible if the wording of the judgment is not sufficiently clear, owing to ambiguity or incoherence, such that a party might, in good faith, be unsure of the meaning or scope of that judgment. Absent provisions of the Statute or the Rules of Procedure of Ģ��ƵAT or a decision by the Tribunal indicating otherwise, there is no question that the judgment, which is final and without appeal, immediately takes effect on the date it is rendered.

Outcome

Appeal dismissed on receivability

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 Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT 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.

Applicants/Appellants

Kasmani

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement