No revision grounds based on cited Federal judgment

ATA/76/1996Court of Justice / Administrative ChamberFeb 6, 1996Dismissed

Extracted by Omnilex

Omnilex summary

The applicant sought revision in administrative proceedings, relying on a Federal Supreme Court judgment. The court held that this reference did not establish a revision ground under Art. 48 LPA and therefore rejected the request.

Omnilex headnote

Art. 48 LPA; revision in administrative proceedings requires a statutory ground specifically recognized by law. The mere invocation of an ATF, without showing that the judgment reveals a relevant revision fact or legal basis within the meaning of the revision provisions, is insufficient. Revision is inadmissible where the applicant only reargues the case or relies abstractly on case law without satisfying the cumulative conditions for extraordinary review.

Full text

Descripteurs

REVISION(DECISION); PROCEDURE ADMINISTRATIVE; PROC

Normes

LPA.48

Résumé

Pas de motif de revision en l'espèce (invocation d'un ATF).

Keywords

revisionadministrative procedurestatutory groundsfederal judgmentextraordinary review

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the request for revision met the statutory grounds under Art. 48 LPA by invoking an ATF.

Extracted holding

No. The cited Federal Supreme Court judgment did not constitute a valid ground for revision in the circumstances.

Extracted reasoning

The court found that mere invocation of an ATF, without a legally relevant revision ground under Art. 48 LPA, is insufficient.

No revision grounds based on cited Federal judgmentAI generated