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Material error (14,-666)

You searched for:
Keywords: Material error
Total judgments found: 7

  • Judgment 4198


    128th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for review of Judgment 4004.

    Consideration 5

    Extract:

    The complainant [...] argues that the Tribunal committed a material error when it concluded [...] that he had not provided cogent evidence that the decisions to abolish his post and terminate his service were taken in breach of his right to equal treatment. This, however, is an inadmissible ground for review as the arguments and the evidence which the complainant presents to support it merely invite the Tribunal to reconsider its finding on this issue on the ground that it has, in effect, misinterpreted the facts.

    Keywords:

    inadmissible grounds for review; material error;



  • Judgment 4130


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for review of Judgment 3970.

    Judgment keywords

    Keywords:

    application for review; material error; summary procedure;



  • Judgment 2937


    109th Session, 2010
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal has consistently accepted as a ground for review of its judgments 'material error, i.e. a mistaken finding of fact which, unlike a mistake in appraisal of the facts, involves no exercise of judgment' (see Judgment 2586 and the cases cited therein)."

    Reference(s)

    ILOAT Judgment(s): 2586

    Keywords:

    admissible grounds for review; application for review; case law; material error;



  • Judgment 1036


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    The complainant argues that material errors "misled the Tribunal". In Judgment 917 the Tribunal held that she had no right in law to a professional category post. She contends that FAO Rules provide for making good the lack of a university degree with proper experience and that she did qualify in law for such a post. But that is an alleged mistake of law, and not of fact; as such it does not constitute admissible grounds for review.

    Reference(s)

    ILOAT Judgment(s): 917

    Keywords:

    application for review; material error; mistake of law;



  • Judgment 912


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "There are several pleas for review which the Tribunal will entertain provided that its judgment was affected, and they include a material error, i.e. a mistaken finding of fact which involves no exercise of judgment [unlike a mistake in appraisal of facts, which involves exercise of judgment]."

    Keywords:

    admissible grounds for review; application for review; condition; material error;



  • Judgment 604


    52nd Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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)

    ILOAT Judgment(s): 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)

    ILOAT Judgment(s): 404, 442, 536

    Keywords:

    consequence; judgment of the tribunal; material error;



  • Judgment 570


    51st Session, 1983
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8 (3)

    Extract:

    "to displace the principle of finality, the applicant must show the exceptional case in which insistence upon it would be unjust. such is the case of a 'new' fact which the applicant could not reasonably be expected to have discovered in time. such also is the case of a 'slip' where, as it is sometimes put, 'even homer nods'. such cases are likely to be very rare and it is likely also that they can be presented without any elaborate argument."

    Reference(s)

    ILOAT Judgment(s): 507, 508

    Keywords:

    application for review; exception; finality of judgment; judgment of the tribunal; material error; new fact on which the party was unable to rely in the original proceedings;


 
Last updated: 19.09.2019 ^ top