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Judgment No. 4414

Decision

The applications for review are dismissed.

Summary

The complainants filed applications for review of Judgment 4195.

Judgment keywords

Keywords

application for review; complaint dismissed

Consideration 2

Extract:

It is well settled that the Tribunal’s judgments are final and carry the authority of res judicata. They may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds therefor are failure to take account of material facts, a material error (in other words, a mistaken finding of fact involving no exercise of judgement, which thus differs from misinterpretation of the facts), 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. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgments 3001, consideration 2, 3452, consideration 2, 3473, consideration 3, 3634, consideration 4, 3719, consideration 4, and 3897, consideration 3).

Reference(s)

Jugement(s) TAOIT: 3001, 3452, 3473, 3634, 3719, 3897

Keywords

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

Consideration 3

Extract:

As the two applications for review concern the same judgment, they will be joined to be the subject of a single judgment.

Keywords

joinder

Consideration 3

Extract:

One of the complainants, Mr K., requests that the application be examined by judges who were not involved in Judgment 4195. This request was rejected by the President of the Tribunal, though he decided that the application for review will be considered by a panel which is not entirely the same as the panel which adopted Judgment 4195.

Reference(s)

Jugement(s) TAOIT: 4195

Keywords

application for review; conflict of interest



 
Dernière mise à jour: 08.07.2021 ^ haut