蘑菇视频AT Held or 蘑菇视频DT Pronouncements
Article 11.3 of the 蘑菇视频DT statute provides that in the absence of an appeal, a 蘑菇视频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 蘑菇视频DT statute provides, among other things, that a party may apply to the 蘑菇视频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 蘑菇视频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 蘑菇视频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 蘑菇视频DT statute provides that only an executable judgment may be subject to appeal.
Legal Principle(s)
N/A