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Judgment No. 4410

Decision

The application for execution is dismissed.

Summary

The complainant filed an application for execution of Judgment 4065.

Judgment keywords

Keywords

application for execution; complaint dismissed

Consideration 5

Extract:

[T]he pleadings of the parties in the present proceedings show that they still hold differing views as to what should be done as the next step to complete the process by complying with the discussion mandated in Manual paragraph 330.3.26. This does not provide a basis for the Tribunal to entertain an application for [...] execution [...].

Keywords

application for execution

Consideration 5

Extract:

[I]t is not open to the Tribunal, when examining an application for execution, to modify the content of the provisions of the judgment in respect of which the application is made (Judgment 4093, consideration 9).

Reference(s)

Jugement(s) TAOIT: 4093

Keywords

application for execution

Consideration 6

Extract:

[T]he Tribunal recalls that in Judgment 4065 it ordered the parties to meet so that the complainant can complete the defence orally. Judgment 4292 confirmed this. To execute this obligation, both parties must comply with it. As the complainant continually refuses to attend such a meeting because he wants something else which does not arise from Judgment 4065 its execution is being made impossible (see, inter alia, Judgments 3261, consideration 16, and 3824, consideration 4). In the Tribunal’s view, the FAO has, by inviting the complainant to meet, done its part in an attempt to organise the discussion foreseen by Manual paragraph 330.3.26. The complainant failed to cooperate. There is nothing else the FAO can do to organise a meeting and the judgment is deemed executed.

Reference(s)

Jugement(s) TAOIT: 3261, 3824, 4065, 4292

Keywords

execution of judgment



 
Dernière mise à jour: 04.10.2021 ^ haut