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Judgment No. 3561

Decision

The application for review is dismissed.

Summary

The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3141

Keywords

application for review; new fact on which the party was unable to rely in the original proceedings; new claim; complaint dismissed

Consideration 2

Extract:

"The complainant has requested oral proceedings and, if necessary, the hearing of witnesses. In view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to grant this request."

Keywords

oral proceedings

Consideration 3

Extract:

"Consistent precedent has it that, pursuant to Article VI of the Statute of the Tribunal, the latter’s judgments are “final and without appeal” and carry the authority of res judicata. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated, for example, in Judgments 1178, 1507, 2059, 2158 and 2736, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review. (See, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3.)"

Reference(s)

ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473

Keywords

application for review

Consideration 5

Extract:

"[T]he notion of a “new fact” within the meaning of the above-mentioned case law refers to an aspect of the dispute, knowledge of which during the initial proceedings would have led the Tribunal to reach a different decision on the claims submitted to it at that juncture. It cannot, under any circumstances, apply to a fact which serves as the basis for additional claims presented in subsequent proceedings."

Keywords

new fact on which the party was unable to rely in the original proceedings

Consideration 5

Extract:

"[A]n application for review cannot afford a complainant the opportunity to make new claims (see Judgment 1295, under 6) or, in particular, to “seek a form of relief which was not sought in the [original] case” (see Judgment 609, under 4)."

Reference(s)

ILOAT Judgment(s): 609, 1295

Keywords

application for review

Consideration 6

Extract:

"[T]he Tribunal’s case law allows conditional claims, even when their exact amount is not specified."

Keywords

claim

Consideration 6

Extract:

"[T]he condition that internal means of redress must be exhausted would in any case not apply in respect of compensation for damage related to the length of proceedings (see, for example, Judgments 2744, under 6, and 3429, under 4)."

Reference(s)

ILOAT Judgment(s): 2744, 3429

Keywords

moral injury; direct appeal to tribunal; internal remedies exhausted

Consideration 11

Extract:

"The dismissal of the complainant’s various claims [...] necessarily leads to the dismissal of his claim for costs for these proceedings."

Keywords

costs



 
Last updated: 02.06.2020 ^ top