Judgment No. 1309
THE APPLICATION IS DISMISSED.
See Judgments 442 and 704, consideration 2.
ILOAT Judgment(s): 442, 704
application for review; admissible grounds for review; inadmissible grounds for review; new fact on which the party was unable to rely in the original proceedings; organisation; res judicata; exception; judgment of the tribunal; case law; general principle; mistake of law; application filed by the organisation
The defendant Organization is seeking review of a judgment on the grounds that the Tribunal's interpretation of one of UNESCO's rules overlooked well-established practice. The Tribunal interpreted that provision as it saw fit. "What the Organization is seeking is review on the grounds of an alleged mistake of law, and that is not an admissible plea for review."
application for review; inadmissible grounds for review; practice; mistake of law
"The Organization is seeking to adduce additional evidence, not of new facts, but of circumstances which the Organization could and should, if it so wished, have relied on in its pleadings on the original case." The plea is inadmissible.
application for review; inadmissible grounds for review; new fact on which the party was unable to rely in the original proceedings
"In sum, according to the principles that the Tribunal consistently abides by in ruling on [applications for review], UNESCO's allegations do not amount to admissible pleas for review [...] The Tribunal therefore summarily dismisses the Organization's application as being clearly irreceivable within the meaning of Article 8(3) of the rules of court."
ILOAT reference: ARTICLE 8(3) OF THE RULES
application for review; inadmissible grounds for review; summary procedure; mistake of law