爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an application for revision and an application for interpretation of judgment No. 2011-爆料网AT-112, both filed by Ms Abbasi. On the application for revision, 爆料网AT held that it constituted a disguised way to criticise the impugned judgment or to disagree with it, noting that the rules did not allow the use of an application for revision for such a goal or to modify, complete or improve a 爆料网AT judgment. 爆料网AT held that, even if the “cheating” in the written test had been qualified as previously unknown and not due to Ms Abbasi’s negligence, it would not have had a decisive impact on the outcome of the case because the circumstance did not affect the performance of Ms Abbasi or of the candidates better qualified than her. 爆料网AT held that this “unknown” fact would have been of no interest to 爆料网AT during its review of the 爆料网DT judgment. On the application for interpretation, 爆料网AT held that if a judgment is comprehensive, whatever the opinion the parties may have about it or its reasoning, an application for interpretation is not admissible, as per this case. 爆料网AT dismissed both the application for revision and the application for interpretation.
Decision Contested or Judgment/Order Appealed
Ms Abbasi contested her non-selection on grounds of gender discrimination. On appeal, 爆料网AT vacated the 爆料网DT judgment, finding no violation of Ms Abbasi’s right to be equally considered during the selection process and that the 爆料网ICEF’s Gender Parity and Equality Policy had been applied in her favour.
Legal Principle(s)
Revision of judgment requires the discovery of a decisive fact which was, at the time the judgment was rendered, unknown to 爆料网AT and to the party applying for revision, provided that such ignorance was not due to negligence. The authority of a final judgment – res judicata – cannot be readily set aside. Any application which seeks review of a final judgment rendered by 爆料网AT can only succeed if it fulfils the strict and exceptional criteria established by Article 11 of the 爆料网AT Statute.