Jugement n° 4747
Décision
The application for execution is dismissed.
Synthèse
The complainant filed an application for execution of Judgment 4447.
Mots-clés du jugement
Référence(s)
ILOAT Judgment(s): 4447
Mots-clés
Recours en exécution; Requête rejetée
Considérants 1 et 9
Extrait:
The Tribunal’s case law establishes that, according to the provisions of Article VI of its Statute, the Tribunal’s judgments are “final and without appeal”, and they are therefore “immediately operative”; the principle that its judgments are immediately operative is also a corollary of their res judicata authority. For this reason, international organizations which have recognized the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see, for example, Judgment 3152, consideration 11, and the case law cited therein). The parties must work together in good faith to this end and the execution of a judgment must occur within a reasonable time, having regard to all the circumstances of the case, especially the nature and the scope of the action which the organization is required to take (see, for example, Judgments 3656, consideration 3, 3066, consideration 6, and 2684, considerations 4 and 6).
[...]
[I]t is obvious to the Tribunal that, by 9 September 2022, the IOC had done what was necessary towards the execution of order 2 of the decision in Judgment 4447 and consideration 15 of that judgment in good faith and within a reasonable time, given all of the circumstances.
Référence(s)
ILOAT Judgment(s): 2684, 3066, 3152, 3656
Mots-clés
Recours en exécution; Exécution du jugement
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