Judgment No. 3633
Decision
The application for review is dismissed.
Summary
The Global Fund has filed an application for review of Judgments 3506 and 3507.
Consideration 2
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 therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated in Judgments 1178, 1507, 2059, 2158 and 2736, for example, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review. (See, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3.)
Reference(s)
Jugement(s) TAOIT: 1178, 1507, 2059, 2158, 2736, 3001, 3452, 3473
Keywords
application for review
Consideration 3
Extract:
[T]he arguments advanced in the application merely lead the Tribunal to observe, and deplore, the Global Fund’s continuing desire to disregard its responsibilities as an international organisation. If, as the Global Fund contends, its contract with the insurance company deprived it of any means of oversight over the company’s claims administration, it could only be concluded that the Global Fund had seriously neglected its duties towards its staff by entering into the contract, and it therefore cannot legitimately rely on this argument.
Keywords
social benefits
Consideration 7
Extract:
[T]he Global Fund’s pleas plainly do not warrant a review of Judgments 3506 and 3507. In fact, it is clear that the present application for review is quite simply an attempt to re-open discussion of questions that have already been settled in these judgments. The application will therefore be summarily dismissed in accordance with the procedure provided for in Article 7 of the Rules of the Tribunal.
Reference(s)
Jugement(s) TAOIT: 3506, 3507
Keywords
application for review
Judgment keywords
Reference(s)
Jugement(s) TAOIT: 3506, 3507
Keywords
application for review; complaint dismissed
|
