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Judgment No. 467

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

The complainant "is now pursuing a claim which [was] dismissed in Judgment No. 395, and his present complaint thus appears to be an application for review of that judgment. He is relying on what he alleges to be a new situation. In fact it is not: the Tribunal was not unaware of it in delivering Judgment No. 395, and indeed referred to it. Nevertheless the complainant's claim [...] was dismissed. There is no reason to grant him now what he was not granted before: the matter is res judicata."

Reference(s)

Jugement(s) TAOIT: 395

Keywords

application for review; new fact on which the party was unable to rely in the original proceedings; res judicata



 
Dernière mise à jour: 05.05.2020 ^ haut