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Ä¢¹½ÊÓƵDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. Ä¢¹½ÊÓƵDT held that the contested decision in the present case did not appear to be prima facie unlawful. Ä¢¹½ÊÓƵDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. Ä¢¹½ÊÓƵDT also held that the decision of non-renewal was not an improper exercise of discretion. Ä¢¹½ÊÓƵDT held that there was no evidence that the non-renewal...

The applicant failed to show that her case met the criteria under art. 2.2 of the Statute and art. 13 of the Rules of Procedure.

Outcome: Application was rejected.

The mandate of Ä¢¹½ÊÓƵDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former Ä¢¹½ÊÓƵAT are judicial decisions, they cannot be contested before Ä¢¹½ÊÓƵDT. The provisions on transitional measures apply to pending Ä¢¹½ÊÓƵAT cases only. They do not include the power to revise Ä¢¹½ÊÓƵAT judgements. Cases closed by judgments of former Ä¢¹½ÊÓƵAT are res iudicata.

According to the Organization¡¯s broad discretion to reassign its employees to different functions, provided that the new position is in line with the grade, qualifications and professional experience, the Applicant could have been redeployed in principle. As legally required prior consultations with staff representatives were not held and - in addition - the agency showed lack of good faith by informing the Applicant only by ¡®all staff e-mail¡¯, procedural flaws vitiated the contested decision. Regardless of its significance, non-compliance with legal provisions specified in art. 2.1 Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵDT noted that the procedure to be followed for the given position to be re-titled and re-classified had not been completed by the time the Applicant submitted her request to the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵDT concluded that no administrative decision had yet been made by the time the request for suspension of action was submitted to Ä¢¹½ÊÓƵDT and considered by same. Ä¢¹½ÊÓƵDT therefore held that the request had to be considered inadmissible, nothing preventing the Applicant from contesting the forthcoming decision.