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New fact on which the party was unable to rely in the original proceedings (15,-666)

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Keywords: New fact on which the party was unable to rely in the original proceedings
Total judgments found: 36

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  • Judgment 1122


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainants want the Tribunal to set aside all the decisions that applied the "Eurocontrol reduction" to their salaries after 12 November 1987. To avoid the time bar, they rely on the emergence of a new fact, namely Judgment 1012, which quashed the decision to lower pay by 0.7 per cent before that date. "That judgment is final and has the authority of res judicata, including the ruling in it that certain claims are irreceivable. On no account may it be treated as a new fact setting off a new time limit for filing a complaint."

    Reference(s)

    ILOAT Judgment(s): 1012

    Keywords:

    adjustment; complaint; exception; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; reduction of salary; res judicata; salary; time bar;



  • Judgment 1059


    70th Session, 1991
    African Training and Research Centre in Administration for Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3, Summary

    Extract:

    The complainant relies on provisions in the Convention on the establishment of the organisation's component bodies which he regards as new facts that warrant the review of Judgment 1002. Those provisions can scarcely be treated as new facts since the complainant obviously did not learn about them after the Tribunal's ruling.

    Reference(s)

    ILOAT Judgment(s): 1002

    Keywords:

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



  • Judgment 1036


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Whereas an alleged omission to take account of a particular fact is an admissible plea in favour of review, an alleged misappraisal of the facts is not. Another inadmissible ground is an alleged mistake of law. Furthermore, an application based on the admission of new evidence may be entertained provided that the complainant discovered that evidence too late to be able to cite it in the original pleadings and provided that it is relevant."

    Keywords:

    admissible grounds for review; application for review; appraisal of facts; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 752


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."

    Keywords:

    exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 748


    59th Session, 1986
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[A] new fact will constitute admissible grounds for an application for review only provided that 1) it would have had some effect on the Tribunal's decision and 2) the applicant was unable, for reasons beyond his control, to rely on it in the original proceedings."

    Reference(s)

    ILOAT Judgment(s): 665

    Keywords:

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



  • Judgment 726


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "It is because of the terms on which the levy is at present being imposed that the Tribunal deems it not to disrupt the structure of the contract and amount to breach of an acquired right. But should any feature of the levy - particularly its duration - be so altered as to make the arrangements substantially different, that would be a new fact and the Tribunal would wish to reconsider if the matter came before it again."

    Keywords:

    acquired right; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; reduction of salary; salary;



  • Judgment 676


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.

    Keywords:

    case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;



  • Judgment 645


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "An application for review is an exceptional procedure and is admissible only in strictly defined circumstances, for example where specific facts have been disregarded or so-called 'new' facts discovered. A new fact is a fact or an item of evidence which the applicant did not become aware of in time to be able to rely on it in the original proceedings."

    Reference(s)

    ILOAT Judgment(s): 588

    Keywords:

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



  • Judgment 610


    53rd Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The plea "based on the item in the defendant's possession at the time of the original proceedings [...] is admissible. But the item must be of a kind which warrants review of the judgment". The document was drawn up after the internal proceedings to serve as the basis for a settlement. "Both the complainant and the Tribunal were aware of the offer of settlement, which was all that mattered at the time. The failure to disclose the item does not warrant any derogation from the rule that judgments are final, and the application must fail."

    Keywords:

    application for review; disclosure of evidence; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 570


    51st Session, 1983
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In the "judgment submitted for review, the Tribunal stated that the effect of certain decisions of the [National Supreme Court] was 'summed up [...] in terms which the organisation does not dispute'. The organisation, while not denying that it failed to challenge the summary, wishes now to dispute it and to put in evidence the opinions of experts who take the contrary view. This is not permissible."

    Keywords:

    application filed by the organisation; application for review; new claim; new fact on which the party was unable to rely in the original proceedings;

    Consideration 8(3)

    Extract:

    "To displace the principle of finality, the applicant must show the exceptional case in which insistence upon it would be unjust. Such is the case of a 'new' fact which the applicant could not reasonably be expected to have discovered in time. Such also is the case of a 'slip' where, as it is sometimes put, 'even homer nods'. Such cases are likely to be very rare and it is likely also that they can be presented without any elaborate argument."

    Reference(s)

    ILOAT Judgment(s): 507, 508

    Keywords:

    application for review; exception; finality of judgment; judgment of the tribunal; material error; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 504


    48th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant accuses the Director-General of complicity and dishonesty. These accusations rest on facts of which he was in any event aware when he made his first application for review and they cannot now constitute an admissible plea for review."

    Keywords:

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



  • Judgment 467


    47th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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)

    ILOAT Judgment(s): 395

    Keywords:

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



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Receivable grounds for review include the following: a fact overlooked, material error, omission to rule on a claim and the discovery of a new fact. The Tribunal has not had to declare in what cases such pleas will in general be allowed.

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    admissible grounds for review; application for review; disregard of essential fact; new fact on which the party was unable to rely in the original proceedings; omission to rule on a claim; receivability of the complaint;

    Considerations 3 and 13

    Extract:

    The discovery of a new fact, "i.e. a fact which the complainant discovered too late to cite in the original proceedings" is admissible. Such a fact must not be one which, had the complainant taken due care, might have been cited in the original complaint.

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    admissible grounds for review; application for review; definition; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 400


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Neither the Statute nor the Rules of Court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."

    Reference(s)

    ILOAT Judgment(s): 325

    Keywords:

    application for review; exception; new fact on which the party was unable to rely in the original proceedings; no provision;



  • Judgment 350


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Neither the Statute nor the Rules of court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."

    Reference(s)

    ILOAT Judgment(s): 325

    Keywords:

    application for review; exception; new fact on which the party was unable to rely in the original proceedings; receivability of the complaint;



  • Judgment 201


    30th Session, 1973
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint could be entertained "only in quite exceptional circumstances, in particular if the complainant adduces facts or evidence which he was unable, through no fault of his own, to produce during the earlier proceedings; it would in any event not provide an opportunity for the parties to repair an omission or correct an error made by them during the original hearing of the case."

    Reference(s)

    ILOAT Judgment(s): 189

    Keywords:

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

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