Judgment No. 604
Decision
THE APPLICATION IS DISMISSED.
Consideration 3
Extract:
The judgment "gave a comprehensive answer to the complainant's claims. [...] In the circumstances that was an adequate answer. Since [...] an application for review is an exceptional procedure and a derogation from res judicata, a comprehensive answer is quite proper: the Tribunal need not answer every single argument once it has taken the view that the application is irreceivable."
Reference(s)
Jugement(s) TAOIT: 404, 442, 536
Keywords
application for review; omission to rule on a plea
Summary
Extract:
The complainant invites the Tribunal to correct the material error in Judgments nos. 404, 442 and 536. The Tribunal recalls that a complainant may not submit the same pleas for review more than once. It first seeks to determine whether Judgment no. 536 suffers from any defects which would cause it to be set aside and which could then require the other judgments to be reconsidered. The Tribunal finds that Judgment no. 536 does not overlook the complainant's claims, contrary to her allegations, and is therefore not admissible for review. The complainant's criticism of the Tribunal's appraisal of the claims and certain facts in the case serves no purpose and is not an admissible ground for review.
Reference(s)
Jugement(s) TAOIT: 404, 442, 536
Keywords
application for review; material error; res judicata
Consideration 6
Extract:
"Any errors there may be in reproducing the text [of a judgment] constitute no flaw in the judgment itself."
Reference(s)
Jugement(s) TAOIT: 404, 442, 536
Keywords
material error; judgment of the tribunal; consequence
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