Judgment No. 980

• Organization: European Southern Observatory (ESO)
• Date: 27.06.1989
• Original: English
• Judges: Ducoux, Carroll, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

THE APPLICATION IS DISMISSED.

Consideration 3

Extract:

"The complainant is in fact asking the Tribunal to change its mind about its interpretation of the rules. The reasons he puts forward are essentially that its judgment showed misappraisal of the facts and a mistake in law in interpreting the rules and failed to endorse his own interpretation. Those are not admissible grounds for review."

Keywords

application for review; appraisal of facts; inadmissible grounds for review; interpretation; mistake of law; misinterpretation of the facts

Consideration 2

Extract:

"The Tribunal's judgments carry the authority of res judicata and it will review them only in exceptional cases. It will not review on the grounds of an alleged mistake of law or misappraisal of the facts or because it had failed to comment on all the pleas submitted by the parties. A review may be permitted where there was an omission of fact involving no exercise of judgment - as distinct from a mistaken appraisal of the facts - an omission to rule on a claim or the discovery of a 'new' fact which the complainant discovered too late to cite in the original proceedings."

Keywords

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