2020-Ģ��ƵAT-1038

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to Ģ��ƵDT. Ģ��ƵAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ģ��ƵAT. Ģ��ƵAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ģ��ƵAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the Ģ��Ƶ and WMO dated 20 January 2020. Ģ��ƵAT remanded the case to Ģ��ƵDT, under Article 2(10) of the Ģ��ƵAT Statute, as the neutral first instance process for WMO under the Agreement between the Ģ��Ƶ and WMO dated 20 January 2020.

Decision Contested or Judgment/Order Appealed

WMO decision: The Applicant contested the decision of the Secretary-General of the WMO to maintain the implementation of the ICSC decision with respect to the Geneva post-adjustment multiplier. The matter was considered by WMO��s Joint Appeals Board (JAB).

Legal Principle(s)

A case requires proper consideration by a neutral first instance process that includes a written record and a written decision providing reasons, fact and law in order to be appealable to Ģ��ƵAT.

Outcome

Case remanded

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Rixen

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement