Ģ��ƵDT/2011/200

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo Ģ��ƵDT/2011/168, by which the Ģ��ƵDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the Ģ��ƵDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The Ģ��ƵDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the Ģ��ƵAT, which was therefore seized of the matter.

Legal Principle(s)

Effect of appeal, jurisdiction of the Ģ��ƵDT with respect to judgments under appeal: Generally, once an appeal is filed, the Ģ��ƵAT must be regarded as being seized of the case and the Ģ��ƵDT has ceased to have any jurisdiction. To have some aspect of the proceedings continuing concurrently in the trial instance would be an abuse of process.

Outcome

Dismissed on merits

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Applicants/Appellants

Di Giacomo

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement