2011-惇蹋厙AT-163

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an application for revision judgment No. 2010-惇蹋厙AT-098. 惇蹋厙AT held that the application did not meet the statutory requirements of the 惇蹋厙AT Statute. 惇蹋厙AT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by 惇蹋厙AT for vacating the 惇蹋厙DT judgment and affirming the administrative decision of summary dismissal. 惇蹋厙AT held that the application was not admissible since it repeated an argument already examined and rejected by the previous judgment and its actual goal was to litigate the case de novo, an option which is not provided to the parties by the applicable law. 惇蹋厙AT dismissed the application.

Decision Contested or Judgment/Order Appealed

Previous 惇蹋厙AT judgment: In judgment No. 2010-惇蹋厙AT-098, 惇蹋厙AT vacated the 惇蹋厙DT judgment and affirmed the administrative decision of summary dismissal.

Legal Principle(s)

An application for revision of a final judgment by 惇蹋厙AT can only succeed if it fulfils the strict criteria established by Article 11 of the 惇蹋厙AT Statute. The authority of a final judgment 每 res judicata 每 cannot be readily set aside.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Masri

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Case Number(s)

Tribunal

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Date of Judgement