Judgment No. 4732
Decision
The application for interpretation is dismissed.
Summary
The complainant filed an application for interpretation of Judgment 4567.
Judgment keywords
Reference(s)
Jugement(s) TAOIT: 4567
Keywords
application for interpretation; complaint dismissed
Considerations 3-4
Extract:
According to the Tribunal’s case law, and as recalled in Judgment 4567, consideration 3, 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 4409, consideration 6, 3984, consideration 10, 3822, consideration 5, and 3014, consideration 3). Moreover, ordinarily such an application can concern only the decision in a judgment, and not the grounds thereof. It is, however, accepted that it may additionally concern the grounds if the decision refers to them explicitly so that they are indirectly incorporated in the decision (see aforementioned Judgments 4409, consideration 6, 3984, consideration 10, and 3822, consideration 5, and also Judgments 3564, consideration 1, 3271, consideration 4, and 2483, consideration 3). The Tribunal notes that these requirements are actually set out at the beginning of the form used to file an application for interpretation.
Given that the arguments put forward by the complainant in relation to Judgment 4567 refer exclusively to the grounds thereof and seek to criticise their content, whereas the decision in that judgment – stating that “[t]he application for interpretation is dismissed” – makes no reference to them, those arguments are irrelevant under the aforementioned case law. In addition, contrary to the complainant’s assertions, that decision, worded as just indicated, is not at all uncertain or ambiguous and therefore does not require interpretation by the Tribunal.
Reference(s)
Jugement(s) TAOIT: 2483, 3014, 3271, 3564, 3822, 3984, 4409, 4567
Keywords
application for interpretation
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