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Judgment No. 1545


The application is dismissed.

Consideration 2


"As the Tribunal has often held, its judgments carry the force of res judicata and are not subject to appeal. Only in exceptional cases may it review them. Application for review is an extraordinary remedy that is not to be mistaken for appeal. Appeal lies only to a court of higher instance that may reconsider the whole case, whereas review, as contemplated in the case law, falls to the Tribunal itself."


application for review; finality of judgment; res judicata

Consideration 5


"Though the discovery of a new fact may afford grounds for review, the fact must date from before the material judgment and be such as would have affected the ruling had the Tribunal known of it in time. The facts the complainant alleges are subsequent to [...] the date of [the judgment in question]. They may afford grounds for a new complaint but not for review of that judgment."


application for review; new fact on which the party was unable to rely in the original proceedings; res judicata; judgment of the tribunal; definition; fact subsequent to the judgment

Last updated: 28.08.2017 ^ top