2012-Ģ��ƵAT-235

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

To the extent that the Ģ��ƵDT��s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, Ģ��ƵAT upheld the Order. In every other regard, Ģ��ƵAT upheld the arguments made by the Appellant as to the manner in which Ģ��ƵDT granted the withdrawal request. Ģ��ƵAT held that Ģ��ƵDT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant��s motivation in bringing his application. Ģ��ƵAT ordered that the recital of ��Facts�� in paragraphs 4 to 7 and ��Considerations�� in paragraphs 8 to 11 should be redacted from Order No. 127 (GVA/2011).

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision by the former Director-General of the United Nations Office at Vienna (Ģ��ƵOV) concerning the waiving of immunities regarding traffic violations that occurred in a staff member��s private capacity. The Applicant informed Ģ��ƵDT that he had decided to withdraw his application. In Order No. 127(GVA/2011), Ģ��ƵDT declared the closure of the case without adjudication of its merits. However, in the course of its ��Considerations�� Ģ��ƵDT observed that the arguments put forward by the Applicant raised concerns about the true motivation and good faith of the Applicant and seemed to point towards abuse of proceedings.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal granted

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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

Wilson

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement