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Judgment No. 3722


The application for review is dismissed.


The complainant seeks the review of Judgment 3583.

Judgment keywords


Jugement(s) TAOIT: 3583


application for review; complaint dismissed

Consideration 3


According to a consistent line of precedent, pursuant to Article VI of its Statute, the Tribunal’s judgments 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. As stated in Judgments 1178, 1507, 2059, 2158 and 2736, for example, 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 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).


Jugement(s) TAOIT: 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473


application for review

Consideration 7


The Tribunal observes that the third stated ground of review: failure to adjudge the issues involved in light of the Tribunal’s case law, does not fall within the admissible grounds for review that are set out in the Tribunal’s case law.


application for review; inadmissible grounds for review

Dernière mise à jour: 01.06.2020 ^ haut