Judgment No. 1252

• Organization: World Health Organization (WHO)
• Date: 14.07.1993
• Original: English
• Judges: Ruda, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE APPLICATION IS DISMISSED.

Consideration 2

Extract:

The Tribunal's rulings "have the force of res judicata and may not ordinarily be challenged. only in exceptional circumstances will they be subject to review, on the grounds of failure to take account of some essential fact, a material error involving no value judgment, failure to rule on a claim, or the later discovery of some essential fact that the parties were unable to rely on in the original proceedings."

Keywords

application for review; admissible grounds for review; res judicata

Consideration 4

Extract:

The complainant is seeking the review of a judgment which already refused to review the original ruling. "The complainant does no more than put forward again the same arguments as those that supported her first application, which Judgment 1165 dismissed. She cites no essential fact that she was unable to rely on in her original complaint. In sum her application offers no admissible grounds whatever for review [...], is 'clearly irreceivable' within the meaning of Article 8(3) of the Rules of Court, and must therefore be dismissed in accordance with the summary procedure provided for in that article."

Reference(s)

ILOAT reference: ARTICLE 8(3) OF THE RULES
ILOAT Judgment(s): 1165

Keywords

application for review; summary procedure