Application for review

The Tribunal's judgments are final and there can be no appeal (Article VI(1) of the Statute). However, Article VI(1) provides that the Tribunal may nevertheless consider applications for review of a judgment.

The Tribunal has made it clear through its case law (see, for example Judgment 3897, consideration 3) that a judgment can be reviewed only on limited grounds.

Admissible grounds for review are:
  • failure to take account of material facts;
  • a material error (a mistaken finding of fact involving no exercise of judgement);
  • omission to rule on a claim;
  • the discovery of new facts on which the complainant was unable to rely in the original proceedings.
Note: these ground must be likely to have a bearing on the outcome of the case.

The following grounds are not admissible grounds for review:
  • mistake of law;
  • failure to admit evidence;
  • misinterpretation of the facts;
  • omission to rule on a plea.
An application for review must satisfy the formal requirements provided for in the Rules; the party applying for review should fill in a specific form available on the web site of the Tribunal, write a brief, provide a list of annexes as well as the annexes themselves, and submit six copies of all these documents.
An application for review must be made within 90 days following the public delivery of the judgment (Article 6(5) of the Rules). The President may, upon request, extend or reopen this time limit.
There is no obligation to exhaust internal means of redress before filing an application for review.

The form is available hereinafter: