��DT/2009/087

��AT Held or ��DT Pronouncements

Article 11.3 of the ��DT statute provides that in the absence of an appeal, a ��DT judgment shall be executable following the expiry of the time provided for appeal in the statute of the Appeals Tribunal. Article 12.1 of the ��DT statute provides, among other things, that a party may apply to the ��DT for a revision of an executable judgment on the basis of the discovery of a decisive fact. It results from the above-mentioned provisions read together that if a party discovers a decisive fact before the expiry of the time provided for appeal, that party may challenge the judgment rendered by ��DT by way of appeal only. A party may apply for revision only if a decisive fact is discovered following the expiry of the time provided for appeal. In the present case, the Applicant applied for revision before the expiry of the time provided for appeal. Accordingly, the application for revision is not receivable. Additionally, the Applicant��s request for revision is not based on decisive facts, within the meaning of article 12.1 of the ��DT statute, or on facts that were unknown to both the Tribunal and the Applicant at the time the judgment was rendered.

Decision Contested or Judgment/Order Appealed

The Applicants applied for a revision of a judgment before the expiry of the time provided for appeal in the statute of the Appeals Tribunal, i.e. before the judgment became executable, whereas article 12.1 of the ��DT statute provides that only an executable judgment may be subject to appeal.

Legal Principle(s)

N/A

Outcome

Revision, correction, interpretation or execution

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 ��DT Statute and Article 11(3) of the ��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

Mezoui

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement