Judgment No. 3820

• Organization: International Atomic Energy Agency (IAEA)
• Date: 28.06.2017
• Original: Anglais
• Judges: Barbagallo, Hansen, Moore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The application is dismissed.

Summary

The complainant has filed an application for interpretation and execution of Judgment 3490.

Judgment keywords

Reference(s)

Jugement(s) TAOIT: 3490

Keywords

application for execution; application for interpretation; complaint dismissed

Consideration 3

Extract:

The [Organisation] submits that as Judgment 3490 has been fully executed and the present application exceeds the scope of an application for interpretation and execution, it is irreceivable. This argument is rejected. 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)

Jugement(s) TAOIT: 3490, 3723

Keywords

execution of judgment