Judgment No. 4906
Decision
The applications for review are dismissed.
Summary
The complainant has filed applications for review of Judgments 4567, 4568, 4569, 4584 and 4732.
Judgment keywords
Keywords
application for review; summary procedure
Consideration 3
Extract:
The five [...] applications for review are directed against judgments concerning related cases and rest on similar arguments. Accordingly, they will be joined to form the subject of a single judgment.
Keywords
application for review; joinder
Consideration 4
Extract:
As the Tribunal has already recalled in consideration 2 of Judgment 4440, rendered, as has been stated, on a previous application for review filed by the complainant, pursuant to Article VI of its Statute, the Tribunal’s judgments are “final and without appeal” and have res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. Under Article 6, paragraph 5, of the Rules of the Tribunal, the only admissible grounds of review are a failure to take account of material facts, a material error (namely a mistaken finding of fact 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 4327, consideration 3, 3473, consideration 3, 3452, consideration 2, and 3001, consideration 2).
Reference(s)
ILOAT Judgment(s): 3001, 3452, 3473, 4327, 4440
Keywords
application for review
Considerations 5-6
Extract:
In support of his applications, the complainant submits that Judgments 4567, 4568, 4569, 4584 and 4732 are flawed by material errors and that the Tribunal failed to take account of material facts. Furthermore, he relies on the discovery of a new fact.
Firstly, in respect of the material errors, the complainant submits that these consist of “incorrect findings of material facts”,“incorrect findings of fact” and “legally invalid and incorrect” findings of fact, which formed the bases for the decisions in Judgments 4567, 4568, 4569, 4584 and 4732. However, the Tribunal finds that the complainant’s objections do not relate to material errors but are solely an attempt to challenge the view taken by it in the judgments in question. As it is, the legal assessments made by the Tribunal in a judgment cannot be challenged in an application for review (see Judgments 4440, consideration 4, and 3984, consideration 5).
Reference(s)
ILOAT Judgment(s): 3984, 4440, 4567, 4568, 4569, 4584, 4732
Keywords
admissible grounds for review; inadmissible grounds for review; mistake of law
Consideration 7
Extract:
The complainant next submits that, when it rendered Judgments 4567, 4568, 4569, 4584 and 4732, the Tribunal failed to take account of material facts. However, it is plain from the complainant’s arguments on this point that he is in fact seeking to argue that the Tribunal incorrectly appraised the facts in question. Such an argument does not afford an admissible ground for review (see Judgments 4440, consideration 5, and 3983, consideration 6).
Reference(s)
ILOAT Judgment(s): 3983, 4440, 4567, 4568, 4569, 4584, 4732
Keywords
admissible grounds for review; appraisal of facts; inadmissible grounds for review
Consideration 8
Extract:
Lastly, the complainant relies on an allegedly new fact. Though the existence of a new fact may indeed afford grounds for review, the fact must date from before the judgment and be such as would have affected the ruling had the Tribunal known of it in time (see Judgments 4440, consideration 8, 3561, consideration 5, and 1545, consideration 5). In this case, the Tribunal fails to see, in any event, how the factual details provided by the complainant would have led it to decide differently on the claims that were submitted to it in the complaints leading to Judgments 4567, 4568, 4569, 4584 and 4732.
Reference(s)
ILOAT Judgment(s): 1545, 3561, 4440, 4567, 4568, 4569, 4584, 4732
Keywords
admissible grounds for review; inadmissible grounds for review; new fact
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