Judgment No. 3821

• Organization: International Atomic Energy Agency (IAEA)
• Date: 28.06.2017
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The application is dismissed.

Summary

The complainant has filed an application for interpretation and execution of Judgment 3491.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3491

Keywords

application for execution; application for interpretation; complaint dismissed

Consideration 3

Extract:

The [organisation] submits that as Judgment 3491 has been fully executed and the present application exceeds the scope of an application for interpretation and execution, it is irreceivable. As the Tribunal observed in Judgment 3723, under 2, “[a]n application for execution of a judgment is, by definition, premised on the contention that the judgment in question has not been properly executed. Determining whether or not that contention is correct plainly involves an examination of the merits of the application. Hence the receivability of an application for execution cannot be challenged by the defendant organisation on that basis.”

Reference(s)

ILOAT Judgment(s): 3491, 3723

Keywords

execution of judgment