2010-Ģ��ƵAT-063

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT referenced the Shanks jurisprudence (judgment No. 2010-Ģ��ƵAT-026bis) where it held that the authority of a final judgment - res judicata - cannot be so readily set aside. Ģ��ƵAT noted that there are only limited grounds as enumerated in Article 11 of the Ģ��ƵAT Statute for review of a final judgment and an allegation of an error in law is not one of them. Ģ��ƵAT dismissed the application to set aside and remand the previous judgment.

Decision Contested or Judgment/Order Appealed

Previous judgment: The Applicant filed an application to set aside a previous judgment, holding that her case was time-barred, and have the case remanded to Ģ��ƵDT. She claimed that this error could lead to a miscarriage of justice. The Secretary-General submitted that there were no grounds for Ģ��ƵAT to review the application and requested its dismissal.

Legal Principle(s)

The authority of a final judgment - res judicata - cannot be so readily set aside. There are only limited grounds as enumerated in Article 11 of the Ģ��ƵAT Statute for review of a final judgment. An allegation of an error in law is not one of them.

Outcome

Appeal dismissed on receivability

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

Applicants/Appellants

Costa

Entity

Other Agency/Fund/Programme/Ģ��Ƶ Entity

Case Number(s)

2009-013bis

Tribunal

Ģ��ƵAT

Registry

New York

Date of Judgement