Judgment No. 3719
Decision
1. The CTA’s application for review is dismissed.
2. The Centre shall pay the complainant costs in the amount of 2,500 euros.
3. The complainant’s other claims are dismissed.
Summary
The CTA seeks the review of Judgment 3437.
Judgment keywords
Reference(s)
Jugement(s) TAOIT: 3437
Keywords
application for review; complaint dismissed
Consideration 4
Extract:
Consistent precedent has it that under Article VI of its Statute the Tribunal’s judgments are final and without appeal and carry res judicata authority. They may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds therefor are failure to take account of material facts, a material error, in other words a mistaken finding of fact involving no exercise of judgement which thus differs from misinterpretation of the facts, an omission to rule on a claim, or the discovery of new facts which the defendant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, 3473, under 3, and 3634, under 4).
Reference(s)
Jugement(s) TAOIT: 3001, 3452, 3473, 3634
Keywords
application for review
Consideration 6
Extract:
It is plain from the contents of the application for review that it has been filed only as an attempt to re-open issues already settled in the above-mentioned judgment.
Keywords
application for review; inadmissible grounds for review
Consideration 7
Extract:
[A]ccording to the case law of the Tribunal, where an organisation seeks to challenge a judgment unfavourable to itself by way of an application for review, the staff member concerned cannot make a counterclaim for damages in the context of his or her submissions on the application. Such a claim arises from a separate cause of action and should be pursued separately (see Judgments 1504, under 13, 2806, under 10, and 3003, under 50).
Reference(s)
Jugement(s) TAOIT: 1504, 2806, 3003
Keywords
application for review; damages; counterclaim
Consideration 8
Extract:
[T]he complainant, who has been obliged to take part in these proceedings in order to protect his interests vis-à-vis the Centre, is entitled to costs [...].
Keywords
application for review; costs
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