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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Lacking of Redressability Requirement for Standing
Lacking of Redressability Requirement for Standing

The Plaintiff, a holder of an airline transport pilot license (Helicopter), applied for a job with an air operator, “T Company.” After the Plaintiff had completed ground training, flight simulator training and recurrent training arranged by T Company, he undertook a pilot proficiency check. The pilot proficiency check was conducted by a check airman designated by the Defendant No.1. The check airman did not record the test result in a pilot check report and did not ask the Plaintiff to sign the report. The Plaintiff alleged that the failure of the check airman caused him injuries. He was not hired by T Company after the completion of the training, a type rating was not renewed or added to his license, and increasing flight hours were not recorded in his pilot logbook. The Plaintiff raised the issue with the Defendant No.1 and requested the Defendant No.2 to cancel T Company’s air operator certificate but the Defendant No.1 and No.2 did not take any action. Thus, he filed a plaint with the Administrative Court requesting the Court to order the Defendants to revoke the air operator certificate of T Company. The Court concluded that the revocation of the air operator certificate would not redress the Plaintiff’s injuries; therefore, the Plaintiff had no standing to file a case, pursuant to Section 42 paragraph one of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999).




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ปรับปรุงข้อมูลเมื่อ : 16 ม.ค. 2563, 08:17 น. | กลับขึ้นด้านบน |