Judgment No. 4738

• Organization: Energy Charter Conference (ECC)
• Date: 31.01.2024
• Original: Anglais
• Judges: Moore, Rawlins, Shen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed, as is the counterclaim for costs.

Summary

The complainant challenges the decision to consider him not eligible for the appointment of Secretary-General of the Energy Charter Secretariat for a mandate starting in January 2022.

Judgment keywords

Keywords

appointment; executive head; complaint dismissed

Consideration 8

Extract:

One of the subsidiary arguments is that there had been an intentional misuse of authority by one of the Contracting Parties “forcing” a vote and pressuring other Contracting Parties to vote in a particular way. This is tantamount to an accusation of bad faith which cannot be presumed and must be proved (see Judgment 4711, consideration 7). The complainant has failed to do so.

Reference(s)

Jugement(s) TAOIT: 4711

Keywords

executive body; bad faith