Judgment No. 2816

• Organization: European Patent Organisation (EPO)
• Date: 08.07.2009
• Original: English
• Judges: Gaudron, Gordillo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The application is dismissed.

Consideration 2

Extract:

"Consistent precedent has it that: «Neither the Statute nor the Rules of Court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment.» (See in particular Judgment 350.)"

Reference(s)

ILOAT Judgment(s): 350, 2580

Keywords

application for review; admissible grounds for review; receivability of the complaint; summary dismissal

Considerations 4-5

Extract:

"In his application for review, the complainant merely revisits and reargues the facts already considered by the Tribunal in his fourth complaint. The annexes which he submits in support of his application are all dated long before Judgment 2580 was rendered, and they shed no new light that could conceivably lead to a different analysis of the case. Therefore, there was no new fact which the complainant discovered too late to cite in the original proceedings and which would be such as to affect the Tribunal's decision."
"In the circumstances, the Tribunal dismisses the application for review in accordance with the summary procedure provided for in Article 7 of its Rules."

Reference(s)

ILOAT reference: Article 7 of the Rules
ILOAT Judgment(s): 2580

Keywords

application for review; new fact on which the party was unable to rely in the original proceedings; summary dismissal