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Mistake of fact (565,-666)

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Keywords: Mistake of fact
Total judgments found: 61

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  • Judgment 4150


    128th Session, 2019
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for review of Judgment 3848.

    Judgment keywords

    Keywords:

    mistake of fact;



  • Judgment 4133


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for review of Judgment 3956.

    Consideration 2

    Extract:

    In his application for review of Judgment 3956, the complainant submits that the Tribunal made a mistake of fact involving no exercise of judgement and failed to take into account particular facts. Referring to Judgment 3819, he points out that, according to the Tribunalís case law, these are admissible grounds for review. It should be noted that the case law also establishes that, in order to be admissible, such pleas must be likely to have a bearing on the outcome of the case (see Judgment 3333, consideration 4, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 3333, 3819, 3956

    Keywords:

    admissible grounds for review; application for review; mistake of fact;

    Judgment keywords

    Keywords:

    application for review; mistake of fact; summary procedure;



  • Judgment 3439


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.

    Consideration 7

    Extract:

    "[I]t is desirable to refer to the approach taken by the Tribunal to findings of fact made by internal appeal bodies such as the HBA. As is evident from the Tribunalís discussion in Judgment 2295, under 10, it is not the role of the Tribunal to reweigh the evidence before an internal appeal body. Moreover the findings of such an internal appeal body warrant deference. In addition, where any internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere in the case of manifest error."

    Reference(s)

    ILOAT Judgment(s): 2295

    Keywords:

    evidence; internal appeals body; manifest error; mistake of fact;



  • Judgment 3252


    116th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.

    Consideration 6

    Extract:

    "It is necessary to make clear that the Tribunalís role is not to adjudicate on the question of whether assessments made in appraisal reports are correct or whether discretionary decisions to employ a staff member on a fixed-term contract for one or three years are correct. Discretionary decisions of these types, involving assessment and evaluation, are entrusted to the responsible officers of the international organisations within the Tribunalís jurisdiction. These types of decisions can only be set aside if they involve some breach of a formal or procedural rule, there is a mistake of fact or law or some material has been overlooked, or a plainly mistaken conclusion has been drawn from the facts, or if there is a misuse of authority (see, for example, Judgment 3006, consideration 7)."

    Reference(s)

    ILOAT Judgment(s): 3006

    Keywords:

    admissible grounds for review; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; performance report; procedural flaw; rating; work appraisal;



  • Judgment 3084


    112th Session, 2012
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The fact that a decision to grant an ad personam promotion lies at the discretion of the Director-General does not preclude appellate review, albeit a limited review of whether the decision involves an error of law or fact or a failure to have regard to a material fact; whether a plainly wrong conclusion was drawn from the facts; whether the decision was taken in breach of a rule of form or procedure or whether there was an abuse of authority (see Judgment 2834, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2834

    Keywords:

    breach; discretion; disregard of essential fact; executive head; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; personal promotion; staff regulations and rules;



  • Judgment 3065


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 & 8

    Extract:

    An investigation was carried out into the complainant's allegations of harassment.
    "The Tribunal notes that the evidence does not show that the complainant could have attended the witnesses' interviews, or that she was offered an opportunity to comment on their testimony, in order to have certain items of information rectified where necessary, or to have it put on record that she disagreed with witnesses. The Tribunal considers that even if, in the instant case, the investigator could not invite the complainant to attend all the interviews, she ought to have been allowed to see the testimony in order that she might challenge it, if necessary, by furnishing evidence. Since this was not the case, the Tribunal finds that the adversarial principle was not respected. It follows from the foregoing [...] that the [impugned] decision [...], which thus rested on a flawed investigation report, must be set aside."

    Keywords:

    adversarial proceedings; breach; complaint allowed; consequence; decision quashed; duty to inform; elements; evidence; flaw; harassment; inquiry; mistake of fact; oral proceedings; procedural flaw; report; right to reply; testimony;



  • Judgment 3016


    111th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Rejection of the complainant's request for reclassification of her post following a classification exercise.
    "The classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts. Accordingly, the Tribunal will not substitute its own assessment or direct a new assessment unless certain grounds are established. Consistent precedent has it that 'the Tribunal will not interfere with the decision [...] unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts' (see Judgment 1281, under 2)."

    Reference(s)

    ILOAT Judgment(s): 1281

    Keywords:

    discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; post; post classification; procedural flaw;



  • Judgment 3006


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Case remitted to the President of the Office for review of the complainant's effective date of promotion on the basis of his amended performance appraisal.
    "Assessment of merit is an exercise that involves a value judgement. It is usual to refer to decisions or recommendations involving a value judgement as 'discretionary', signifying that persons may quite reasonably hold different views on the matter in issue and, if the issue involves a comparison with other persons, they may also hold different views on their comparative rating. The nature of a value judgement means that point-to-point comparisons are not necessarily decisive. Moreover, because of the nature of a value judgement, the grounds on which a decision involving a judgement of that kind may be reviewed are limited to those applicable to discretionary decisions. Thus, the Tribunal will only interfere if 'the decision was taken without authority; if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts; if it was taken in breach of a rule of form or procedure; or if there was an abuse of authority' (see Judgment 2834, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2834

    Keywords:

    discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; performance report; procedural flaw; rating; work appraisal;



  • Judgment 2906


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Although [...] the decision [to promote the complaintant to grade A5] did not create any rights because it stemmed from a factual error, it could be reversed only on certain conditions dictated by the principle of good faith. This principle requires, firstly, that the power to reverse a decision resting on a factual error must be exercised as soon as the competent authority notices the error in question and not at a later date chosen at its own convenience. Secondly, this principle requires that if the person concerned by a decision resting on a factual error has not contributed to this error, he or she must not suffer any unfavourable consequences from the application of the decision in question during the period before it was reversed. In particular, it is thus essential that any remuneration received by the official concerned on the basis of this decision should not give rise to reimbursement or any other form of restitution."

    Keywords:

    condition; consequence; decision; good faith; individual decision; mistake of fact; promotion; right; staff member's interest;

    Consideration 7

    Extract:

    Following his promotion to grade A5, the complainant was informed that his promotion to that grade was due to a clerical error and that the Administration's intention was to promote him to grade A4(2). Thus, his promotion to grade A5 was reversed. He challenged that decision but the President decided to maintain it. The Tribunal found that his promotion to grade A5 stemmed from a purely factual error and not from the Administration's genuine intention and that it could therefore be reversed. It nevertheless awarded him compensation for moral injury.
    "The nub of this case is whether the President could lawfully reverse the decision [...] to promote the complainant to grade A5 [...]. Since the Service Regulations do not contain any specific provisions governing the conditions for the reversal or revocation of administrative decisions, this question can be settled only by referring to the general principles of law applied by the Tribunal."

    Keywords:

    decision; individual decision; intention of parties; mistake of fact; no provision; promotion; staff regulations and rules;

    Consideration 16

    Extract:

    "Even though [...] the Organisation was entitled to reverse the decision wrongly promoting the complainant to grade A5, the factual error on which its initial decision rested was nonetheless negligent. By submitting a draft decision whose content had not been properly checked for signature by the President, the services of the Organisation displayed gross negligence, which is even less excusable in view of the fact that individual decisions on promotion are of a particularly sensitive nature. The complainant obviously had cause to be extremely disappointed because, having been notified of this decision, he was then told that it had been reversed and that he had been promoted simply to grade A(2). By proceeding in this manner the EPO breached the duty which the Tribunal's case law establishes for every international organisation not to cause its staff unnecessary injury (see, for example, Judgments 1526, under 3, or 2007, under 11)."

    Reference(s)

    ILOAT Judgment(s): 1526, 2007

    Keywords:

    decision; individual decision; injury; mistake of fact; negligence; organisation's duties; promotion; staff member's interest;

    Consideration 11

    Extract:

    "Since the decision to promote the complainant to grade A5 stemmed from a clerical error, i.e. a purely factual error, and not from a genuine intention of its author, the Tribunal considers that it did not create rights for the person concerned and that it could therefore be subsequently reversed.
    Indeed, one of the essential requirements of any administrative decision is that it should be consistent with its author's intention. Consequently, where that is not the case, it is important that the impact of the decision should be limited as much as possible, even though its existence cannot be denied. Similar considerations led the Tribunal to set aside the application of a decision resting on a purely factual error in an earlier case concerning the repayment of an indemnity which had been paid in error (see Judgment 1111, under 5). Although the instant case concerns a somewhat different issue, it is likewise appropriate to consider that the decision in question, which stems from a factual error, could not create any rights and that the competent authority was therefore entitled to reverse it at any time. Indeed, the opposite would be liable to conflict not only with the interests of the organisation concerned but also with the principle of equal treatment of officials, insofar as it could, in some extreme cases, result in preposterous individual decisions reached by pure oversight becoming final."

    Reference(s)

    ILOAT Judgment(s): 1111

    Keywords:

    decision; equal treatment; individual decision; intention of parties; mistake of fact; organisation's interest; promotion; right;



  • Judgment 2899


    108th Session, 2010
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."

    Reference(s)

    ILOAT Judgment(s): 1111, 1849

    Keywords:

    case law; cause; complaint allowed; complaint allowed in part; condition; consequence; equity; good faith; international civil servant; liability; mistake of fact; organisation; organisation's duties; recovery of overpayment; refund; request by a party;

    Consideration 21

    Extract:

    "[T]he decision of the chief executive officer of an organisation to recover an unduly paid sum of money falls within his or her discretionary authority and is subject to only limited review by the Tribunal, but this decision must nevertheless be censured if it is tainted with a formal or procedural irregularity, or if it was based on a mistake of fact or of law."

    Keywords:

    complaint allowed; complaint allowed in part; decision; decision quashed; discretion; executive head; formal flaw; judicial review; limits; mistake of fact; procedural flaw; recovery of overpayment;



  • Judgment 2807


    106th Session, 2009
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal will not undertake an exercise to classify or reclassify posts in an organisation's structure [...], since decisions in this sphere lie within the discretion of the organisation and may be set aside only on limited grounds. Such is the case, for example, if the competent bodies breached procedural rules, or if they acted on some wrong principle, overlooked some material fact or reached a clearly wrong conclusion [...]. In the absence of such grounds, the Tribunal will not remit the case to the organisation, nor will it substitute its own post evaluation for that of the competent bodies [...]."

    Reference(s)

    ILOAT Judgment(s): 2151, 2514, 2581

    Keywords:

    case law; discretion; disregard of essential fact; flaw; grade; judicial review; limits; mistake of fact; mistaken conclusion; post classification; post held by complainant;



  • Judgment 2752


    105th Session, 2008
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The Tribunal exercises only a limited power of review in the case of warnings or reprimands which are not of a disciplinary nature. As pointed out in Judgments 274 and 403:
    'The Tribunal will not interfere unless the measure was taken without authority, or violates a rule of form or procedure, or is based on an error of fact or of law, or if essential facts have not been taken into consideration, or if it is tainted with abuse of authority, or if a clearly mistaken conclusion has been drawn from the facts.'
    In Judgment 274 it was also explained that '[a] warning or reprimand must be based on unsatisfactory conduct since what it is saying in effect is that if the conduct is repeated a disciplinary measure may be taken'."

    Reference(s)

    ILOAT Judgment(s): 274, 403

    Keywords:

    censure; complaint allowed; complaint allowed in part; condition; conduct; decision quashed; disciplinary measure; disregard of essential fact; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw; reprimand; unsatisfactory service; warning;



  • Judgment 2745


    105th Session, 2008
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "It was said in Judgment 2524 that, although harassment and mobbing do not require bad faith or prejudice or other malicious intent, 'behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question'. Thus, it was said in Judgment 2370 that conduct that 'had a valid managerial purpose or was the result of honest mistake, or even mere inefficiency' would not constitute harassment. However and as pointed out in Judgment 2524, 'an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken'."

    Reference(s)

    ILOAT Judgment(s): 2370, 2524

    Keywords:

    bias; condition; conduct; consequence; definition; evidence; good faith; grounds; intention of parties; judgment of the tribunal; mistake of fact; organisation's duties; proportionality; qualifications; respect for dignity;



  • Judgment 2669


    104th Session, 2008
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Director-General's authority to extend a staff member's service beyond the retirement age is found in Staff Regulation 301.9.5. "This provision makes it clear that a decision to grant an extension of a staff member's contract is within the discretionary authority of the Director-General. It is well established in the case law that the Tribunal will only intervene in these circumstances if it can be shown that the executive head of the organisation acted without authority, breached a rule of form or procedure, or that the decision was based on a mistake of fact or law, or overlooked an essential fact, or that clearly mistaken conclusions were drawn from the facts."

    Reference(s)

    Organization rules reference: FAO Staff Regulation 301.9.5

    Keywords:

    age limit; case law; competence of tribunal; contract; decision; discretion; disregard of essential fact; executive head; extension; flaw; mistake of fact; mistaken conclusion; procedural flaw; refusal; retirement;



  • Judgment 2540


    101st Session, 2006
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    "It was said in Judgment 442 that:
    ęAs a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable.Ľ
    To that should be added the rider that the duty to act in good faith and, also, the duty to respect the dignity of a subordinate require that the subordinate be given an opportunity to answer any criticism made and that his or her answers or explanations be fairly considered."

    Reference(s)

    ILOAT Judgment(s): 442

    Keywords:

    allowance; complaint allowed; complaint allowed in part; consequence; difference; equity; general principle; good faith; injury; liability; mistake of fact; organisation; organisation's duties; purpose; respect for dignity; right; right to reply; supervisor; work appraisal;



  • Judgment 2514


    100th Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The Tribunal has consistently held that it is for the competent body and, in the last resort, the executive head of the relevant organisation to grade staff members following an exercise involving the making of value judgements as to the nature and extent of the duties and responsibilities of the post. Accordingly, the Tribunal will only substitute its own assessment or direct a new assessment if it is shown, for example, that the competent body acted on some wrong principle or overlooked some material fact or reached a clearly wrong conclusion (see Judgments 594, 1067, 1152, 1281 and 1495)."

    Reference(s)

    ILOAT Judgment(s): 594, 1067, 1152, 1281, 1495

    Keywords:

    case law; complaint allowed; complaint allowed in part; discretion; disregard of essential fact; executive head; grade; judicial review; limits; mistake of fact; mistaken conclusion; post classification; post description;



  • Judgment 2468


    99th Session, 2005
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant's appointment was terminated for unsatisfactory services. "The defendant is not wrong to point out that, except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member's services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established. The Tribunal, which pays considerable attention to these issues in the case of complaints concerning dismissal at the end of a probationary period or the non-renewal of fixed-term contracts on the grounds of unsatisfactory performance, must be even more vigilant where an organisation terminates the appointment of a staff member holding a contract without limit of time, which in principle should secure him against any risk of job loss or insecurity. This applies particularly in the present case, since the staff member concerned by the termination for unsatisfactory services received on the whole satisfactory or even excellent appraisals over a period of 15 years."

    Keywords:

    complaint; complaint allowed; complaint allowed in part; condition; contract; different appraisals; fixed-term; grounds; international civil servant; judicial review; mistake of fact; non-renewal of contract; organisation; period; permanent; probation; satisfactory service; termination; unsatisfactory service; work appraisal;



  • Judgment 2456


    99th Session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."

    Keywords:

    allowance; appointment; complaint allowed; consequence; contract; date; decision; decision quashed; duration of appointment; enforcement; extension; fixed-term; general principle; international civil servant; mistake of fact; non-renewal of contract; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;



  • Judgment 2427


    99th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to the case law [...], the Tribunal is competent to review the lawfulness of any decision by the Director-General to terminate a staff member's probation. In particular, it may determine whether that decision is based on errors of fact or law, or whether essential facts have not been taken into consideration, or whether clearly mistaken conclusions have been drawn from the facts, or, lastly, whether there has been an abuse of authority. The Tribunal may not, however, replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service (see Judgment 318, considerations).
    Other cases mention, as further grounds on which the Tribunal will review such decisions, a formal or procedural flaw, or lack of due process (see, for example, Judgments 13, 687, 736, 1017, 1161, 1175, 1183 and 1246) which, it has been noted, must be substantial to invalidate an end-of-probation termination decision."

    Reference(s)

    ILOAT Judgment(s): 13, 318, 687, 736, 1017, 1161, 1175, 1183, 1246

    Keywords:

    case law; competence of tribunal; conduct; contract; decision; decision quashed; disregard of essential fact; evidence; executive head; fitness for international civil service; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; probation; procedural flaw; termination; tribunal; work appraisal;



  • Judgment 2365


    97th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (a)

    Extract:

    "The suspension of the complainant was an interim, precautionary measure, which was to last as long as the disciplinary procedure. It was ordered without hearing the complainant's views on the matter beforehand, but the latter's right to be heard was safeguarded since he later had an opportunity to exercise it before the impugned decision was taken. In any case, a decision to suspend need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgment 1927, under 5). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director-General. It is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for instance, Judgment 2262, under 2)."

    Reference(s)

    ILOAT Judgment(s): 1927, 2262

    Keywords:

    breach; condition; decision; decision-maker; disciplinary measure; disciplinary procedure; discretion; disregard of essential fact; executive head; formal flaw; formal requirements; international civil servant; judicial review; limits; measure of distraint; mistake of fact; mistaken conclusion; misuse of authority; organisation's duties; period; procedural flaw; proportionality; provisional measures; right to reply; serious misconduct; suspensive action;

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Last updated: 12.08.2019 ^ top