Application for review
The Tribunal's judgments are final and there can be no appeal (Article VI(1) of the Statute). However, Article VI(1) provides that the Tribunal may nevertheless consider applications for review of a judgment.
The Tribunal has made it clear through its case law (see, for example Judgment 3897, consideration 3) that a judgment can be reviewed only on limited grounds.
Admissible grounds for review are:
The following grounds are not admissible grounds for review:
The form is available hereinafter:
The Tribunal has made it clear through its case law (see, for example Judgment 3897, consideration 3) that a judgment can be reviewed only on limited grounds.
Admissible grounds for review are:
- failure to take account of material facts;
- a material error (a mistaken finding of fact involving no exercise of judgement);
- omission to rule on a claim;
- the discovery of new facts on which the complainant was unable to rely in the original proceedings.
The following grounds are not admissible grounds for review:
- mistake of law;
- failure to admit evidence;
- misinterpretation of the facts;
- omission to rule on a plea.
The form is available hereinafter: