2011-Ģ��ƵAT-126

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an application for revision of Judgment No. 1465 of the former Ģ��Ƶ Administrative Tribunal submitted by Mr Lesar. Ģ��ƵAT noted that General Assembly resolution 63/253 was silent on the question of revision of judgments handed down by the former Ģ��Ƶ Administrative Tribunal during the period prior to its abolishment. Ģ��ƵAT held that the omission did not constitute a denial of the right to an effective remedy since a tribunal had already dispensed justice. Ģ��ƵAT held that it was not competent to revise the former Ģ��Ƶ Administrative Tribunal Judgment and that therefore, the application was not receivable. Ģ��ƵAT dismissed the application.

Decision Contested or Judgment/Order Appealed

Mr Lesar contested the decision to inform the Austrian authorities that he was the subject of an investigation. In Judgment No. 1465 Applicant (2009), the former Ģ��Ƶ Administrative Tribunal rejected Mr Lesar��s appeal.

Legal Principle(s)

Ģ��ƵAT does not have the authority to revise judgments handed down by the former Ģ��Ƶ Administrative Tribunal. Only the court that handed down a decision has the power to revise it unless a rule of law determines to transfer it to another court.

Outcome

Appeal dismissed on merits

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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.

Applicants/Appellants

Lesar

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement