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Judgment No. 4129

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 3893.

Judgment keywords

Keywords

application for review; summary procedure

Consideration 3

Extract:

As the Tribunal has consistently held, pursuant to Article VI of its Statute, its judgments are “final and without appeal” and carry res judicata authority. 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 on which the author of the application was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3).
The amendment of Article VI of the Statute of the Tribunal introduced in 2016 in order to recognise the parties’ right to file an application for review has no bearing on the grounds on which such applications may be admitted according to the case law cited above.

Reference(s)

ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473

Keywords

application for review; admissible grounds for review; inadmissible grounds for review; res judicata; iloat statute

Consideration 6

Extract:

[T]he plea of a mistake of law is not an admissible ground for review (see Judgment 1529, consideration 7).

Reference(s)

ILOAT Judgment(s): 1529

Keywords

inadmissible grounds for review; mistake of law



 
Last updated: 26.03.2019 ^ top