Judgment No. 4127
The application for review is dismissed.
The complainant filed an application for review of Judgment 3994.
application for review; summary procedure; illness; service-incurred; complaint dismissed
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).
ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 3305
application for review; admissible grounds for review; inadmissible grounds for review; res judicata
The complainant also bases her application for review on the discovery of new facts on which she argues that she was unable to rely in the original proceedings. The complainant’s argument in that regard is related to documents contained in or allegedly missing from her CERN medical file that she consulted after Judgment 3994 was delivered in public.
As recalled in consideration 2, [...] the Tribunal, in Judgment 3994, awarded the complainant moral damages in the amount of 5,000 Swiss francs for the injury caused by the fact that she had only been given partial access to her medical file. Raising arguments based on the content of her medical file that she consulted following the public delivery of Judgment 3994 cannot afford the complainant grounds for review of that judgment.
ILOAT Judgment(s): 3994
application for review; new fact on which the party was unable to rely in the original proceedings; medical records
With regard to the complainant’s plea that Judgment 3994 contains material errors [...], the Tribunal finds that the alleged material errors on which the complainant relies are not likely to have any bearing on the outcome of the case.
ILOAT Judgment(s): 3994