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Application for review (7, 8, 14, 15, 16, 683, 802, 12, 13, 9, 11, 17, 567, 757, 744, 754, 803, 882,-666)

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Keywords: Application for review
Total judgments found: 161

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  • Judgment 3452


    119th Session, 2015
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed as clearly irreceivable.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 1976, 2026, 2070, 2160, 2161, 2200, 2684, 2890, 3207

    Keywords:

    application for review; complaint dismissed; summary procedure;



  • Judgment 3392


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal summarily dismissed the applications for interpretation and for review.

    Judgment keywords

    Keywords:

    application for interpretation; application for review; complaint dismissed; res judicata; summary procedure;



  • Judgment 3391


    118th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed as none of the alleged grounds calls into question the Tribunalís decision.

    Judgment keywords

    Keywords:

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



  • Judgment 3390


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed as none of the alleged grounds calls into question the Tribunalís decision.

    Judgment keywords

    Keywords:

    admissible grounds for review; application for review; complaint dismissed; summary procedure;



  • Judgment 3389


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal summarily dismissed the application for review on the grounds that no new argument was raised by the complainant.

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; inadmissible grounds for review; summary procedure;



  • Judgment 3387


    118th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed as the new fact relied on by the complainant did not call into question the Tribunalís decision.

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; inadmissible grounds for review; summary procedure;



  • Judgment 3385


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not identify any of the grounds upon which a judgment may be reviewed, his application for review is summarily dismissed.

    Consideration 2

    Extract:

    "This argument is directed at the Tribunalís assessment of the evidence and is beyond the scope of review."

    Keywords:

    application for review;

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; summary procedure;



  • Judgment 3379


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not identify any of the grounds upon which a judgment may be reviewed, his application for review was summarily dismissed.

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; summary procedure;



  • Judgment 3371


    118th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the Organization did not identify any of the grounds upon which a judgment may be reviewed, its application for review was summarily dismissed.

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; summary procedure;

    Consideration 4

    Extract:

    "The Tribunal recalls that, according to its consistent case law, pursuant to Article VI of its Statute, its judgments are ďfinal and without appealĒ 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, the only admissible grounds of 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. 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 Judgment 3001, under 2.)"

    Reference(s)

    ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3001

    Keywords:

    application for review;



  • Judgment 3333


    118th Session, 2014
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed as the complainantís criticisms do not constitute grounds for review and cannot challenge the Tribunalís appraisal.

    Consideration 5

    Extract:

    "The complainantís criticisms [...] challenge the Tribunalís appraisal in [...] Judgment 3134 of the merits of the complaint. Hence they do not constitute grounds for review."

    Reference(s)

    ILOAT Judgment(s): 3134

    Keywords:

    application for review; grounds;

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3134

    Keywords:

    application for review; complaint dismissed;



  • Judgment 3328


    117th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed on the ground that the judgment in question did not cause harm to the complainant.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2965

    Keywords:

    application for review; complaint dismissed; summary procedure;



  • Judgment 3327


    117th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review is summarily dismissed as none of the alleged grounds calls into question the Tribunalís decision.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2966

    Keywords:

    application for review; complaint dismissed; summary procedure;



  • Judgment 3305


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Application for review of Judgment 2913 in which the Tribunal allegedly minimized the discriminatory and disproportionate nature of the sanction imposed on the complainant.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2913

    Keywords:

    application for review; complaint dismissed; inadmissible grounds for review;



  • Judgment 3303


    116th Session, 2014
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for review of Judgment 2990 is rejected in accordance with Article 7 of the Tribunalís Rules.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2990

    Keywords:

    application for review; complaint dismissed; summary procedure;



  • Judgment 3244


    115th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for review of Judgment 2975 relating to termination of her employment, relying on a new fact.

    Consideration 4

    Extract:

    "As provided in Article VI of its Statute, the Tribunalís judgments are final. Accordingly, they are subject to the application of the principle of res judicata. However, it is well settled that they may be reviewed in exceptional circumstances and on limited grounds (see, for example, Judgments 748, under 3, 1252, under 2, 1294, under 2, 1504, under 8, 2270, under 2, and 2693, under 2)."

    Reference(s)

    ILOAT reference: Article VI of the Statute
    ILOAT Judgment(s): 748, 1252, 1294, 1504, 2270, 2693

    Keywords:

    application for review; res judicata;

    Judgment keywords

    Keywords:

    application for review; complaint dismissed; new fact; summary procedure;



  • Judgment 3197


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the application for review of Judgment 2946, as there was no new fact giving rise to review.

    Consideration 4

    Extract:

    "The Tribunal explained in Judgment 2693, under 2: 'A new fact is a fact on which the party claiming it was unable to rely through no fault of its own; it must be a material fact likely to have a bearing on the outcome of the case (see Judgments 748, under 3, 1294, under 2, 1504, under 8 and 2270, under 2).'"

    Reference(s)

    ILOAT Judgment(s): 748, 1294, 1504, 2270, 2693

    Keywords:

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

    Consideration 2

    Extract:

    "[A]s provided in Article VI of the Statute, the Tribunalís judgments are final. Accordingly, they are subject to the application of the principle of res judicata and will only be reviewed in exceptional circumstances and on limited grounds. That is, ďfailure to take account of particular facts, a mistaken finding of fact that involves no exercise of judgment, omission to rule on a claim and the discovery of some new facts which the complainant was unable to invoke in time in the [earlier] proceedingsĒ (see Judgment 1952, under 3)."

    Reference(s)

    ILOAT reference: Article VI of the Statute
    ILOAT Judgment(s): 1952

    Keywords:

    admissible grounds for review; application for review; res judicata;

    Judgment keywords

    Keywords:

    application for review; complaint dismissed;



  • Judgment 3078


    112th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal may review an earlier judgment on the basis of discovery of a new fact, provided it was discovered too late to be decided in the original proceedings and that it could not have been discovered with due diligence at the time of the earlier proceedings."

    Keywords:

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



  • Judgment 3000


    110th Session, 2011
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Application for review of Judgment 2854.
    "The grounds on which the Tribunal may review a judgment are set out in Judgment 442, under 3, as follows: 'an omission to take account of particular facts; a material error, i.e. a mistaken finding of fact which, unlike a mistake in appraisal of the facts, involves no exercise of judgment; an omission to pass judgment on a claim; and the discovery of a so called 'new' fact, i.e. a fact which the complainant discovered too late to cite in the original proceedings.' The ground on which review is sought must be one that would have led to a different result in the earlier proceedings."

    Reference(s)

    ILOAT Judgment(s): 442

    Keywords:

    admissible grounds for review; application for review;



  • Judgment 2998


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Application for review of Judgment 2653.
    "The grounds on which the Tribunal may review a judgment are set out in Judgment 442, under 3, as follows: 'an omission to take account of particular facts; a material error, i.e. a mistaken finding of fact which, unlike a mistake in appraisal of the facts, involves no exercise of judgment; an omission to pass judgment on a claim; and the discovery of a so called 'new' fact, i.e. a fact which the complainant discovered too late to cite in the original proceedings.' An application for review will not be granted unless the matter relied upon as a ground for review is such as to affect the Tribunal's decision."

    Reference(s)

    ILOAT Judgment(s): 442, 2653

    Keywords:

    admissible grounds for review; application for review;



  • Judgment 2987


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    Application for review of Judgment 2786.
    "It is well established that the Tribunal's judgments may be reviewed only in exceptional circumstances and on the grounds of 'failure to take account of particular facts, a mistaken finding of fact that involves no exercise of judgment, omission to rule on a claim and the discovery of some new facts which the complainant was unable to invoke in time in the [earlier] proceedings' (see Judgment 1952, under 3).
    Although the complainant frames his request for review in terms of a failure to take into account certain facts, he refers to no facts that were overlooked by the Tribunal. In effect, the request is based on his disagreement with the outcome. It follows that the application must be dismissed in accordance with the summary procedure provided for in Article 7 of the Rules of the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 1952, 2786

    Keywords:

    admissible grounds for review; application for review;

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Last updated: 15.07.2021 ^ top