Judgment No. 4122

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 06.02.2019
• Original: English
• Judges: Barbagallo, Frydman, Diakité
• Full judgment text - Full judgment text (french)

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 4016.

Judgment keywords

Keywords

application for review; complaint dismissed

Consideration 3

Extract:

According to the Tribunal’s case law, its judgments, pursuant to Article VI of its Statute, are “final and without appeal” and carry the authority of res judicata. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see Judgment 3305, under 3, and the case law cited therein).

Reference(s)

ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 3305

Keywords

application for review; admissible grounds for review; inadmissible grounds for review; res judicata