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Judgment No. 4436

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 4221.

Judgment keywords

Keywords

application for review; complaint dismissed

Consideration 4

Extract:

Pursuant to Article VI of the Statute of the Tribunal, judgments shall be final and without appeal but the Tribunal may nevertheless consider applications for review. Consistent precedent has it that a judgment of the Tribunal may be reviewed only in exceptional circumstances and on strictly limited grounds. The rationale for this was stated, for example, in Judgment 3899, consideration 3, which reiterates the terms of Judgment 3815, consideration 4, as follows:
“Consistent precedent has it that, pursuant to Article VI of its Statute, the Tribunal’s judgments are ‘final and without appeal’ and have res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated, for example, in Judgments 1178, 1507, 2059, 2158 and 2736, 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 which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a 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, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3).”

Reference(s)

ILOAT Judgment(s): 3001, 3452, 3473, 3815, 3899

Keywords

admissible grounds for review; inadmissible grounds for review

Consideration 8

Extract:

The case law states that, though the discovery of a new fact may afford grounds for review, the fact must date from before the material judgment and be such that it would have affected the ruling had the Tribunal known of it in time (see Judgment 1545, consideration 5).

Reference(s)

ILOAT Judgment(s): 1545

Keywords

admissible grounds for review; new fact



 
Last updated: 13.08.2021 ^ top