蘑菇视频AT Held or 蘑菇视频DT Pronouncements
The 蘑菇视频AT held that the staff member did not seek an interim measure for temporary relief which was consistent with the 蘑菇视频DT Judgment; on the contrary, he sought the opposite, i.e., anonymization which the Dispute Tribunal and the Appeals Tribunal had not granted him. The 蘑菇视频AT also found that the prior 蘑菇视频AT Judgment was res judicata as to the question of anonymity and could be reversed, if at all, only through a revision of judgment. The 蘑菇视频AT denied the staff member’s motion for interim measures.
Decision Contested or Judgment/Order Appealed
The 蘑菇视频AT issued Judgment No. 2023-蘑菇视频AT-1406 in which it found that the staff member’s application was not receivable ratione temporis and dismissed the request for anonymity as the appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected. The staff member filed an application for revision of the 蘑菇视频AT Judgment and a motion for interim measures requesting the 蘑菇视频AT to anonymize or remove his name until the issuance of the Judgment on his application for revision.
Legal Principle(s)
An interim measure of relief is subject to very strict requirements; such relief is available to protect a litigant from the likelihood of irreparable harm, who the Dispute Tribunal believes is likely to succeed at trial or the Appeals Tribunal believes is likely to succeed on appeal. Requests for interim measures are only available at the appeals proceedings stage, i.e., before the 蘑菇视频AT has delivered its judgment.