Judgment No. 4567
Decision
The application for interpretation is dismissed.
Summary
The complainant filed an application for interpretation of Judgment 4370.
Judgment keywords
Keywords
application for interpretation; summary procedure; complaint dismissed
Considerations 3-4
Extract:
According to the Tribunal’s case law, an application for interpretation is receivable only if the meaning of the judgment concerned is uncertain or ambiguous to such an extent that the judgment cannot be executed (see, for example, Judgments 3014, consideration 3, 3822, consideration 5, 3984, consideration 10, and 4409, consideration 6). Moreover, such an application can ordinarily concern only the decision contained in a judgment, and not the grounds thereof. Indeed, it can concern the grounds of the judgment as well only if the decision refers to them explicitly so that they are indirectly incorporated in the decision (see Judgments 2483, consideration 3, 3271, consideration 4, 3564, consideration 1, and also aforementioned Judgments 3822, consideration 5, 3984, consideration 10, and 4409, consideration 6). The Tribunal notes
that these requirements are actually set out at the beginning of the form used to file an application for interpretation.
The complainant’s criticisms relate principally to the grounds of Judgment 4370 whereas the decision in that judgment – stating that “[t]he complaint is dismissed” – makes no reference to them. His criticisms are therefore irrelevant under the case law recalled above.
Reference(s)
Jugement(s) TAOIT: 2483, 3014, 3271, 3564, 3822, 3984, 4370, 4409
Keywords
application for interpretation
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