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UNDT/2010/029

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UNDT/2010/029, Moussa

UNAT Held or UNDT Pronouncements

The Tribunal reiterated a general principle of procedural law that the right to institute legal proceedings is based on a legitimate interest in initiating and maintaining legal action. Access to the court is denied to those who are obviously no longer interested in the proceedings they once instituted. This applies to the Applicant who did not respond to any of the Tribunal’s requests.

Decision Contested or Judgment/Order Appealed

The Applicant submitted an application to the New York Registry of UNDT. According to internal rules on ‘geographical proximity’ the case was transferred to the Geneva Registry. This was explained to the Applicant at length. The Applicant did not respond to the Tribunal’s request for further information. The Tribunal repeated its request, alerting the Applicant that her application might be struck out in case of non-compliance. The Applicant never responded.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Moussa
Entity
UNIIIC
Case Number(s)
UNDT/GVA/2009/092
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Duty Judge
Judge Laker
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Procedure (first instance and UNAT)
Applicable Law
UNDP RoP
Related Judgments and Orders
UNDT/2009/061