Revision of a Judgment

Article 38

An application for revision of a judgment may be made to the Court only on discovery of a  fact which is of such a nature as to be a decisive factor, and which, when the judgment was  given, was unknown to the Court and to the party claiming the revision.

The revision shall be opened by a judgment of the Court expressly recording the existence of  a new fact, recognizing that it is of such a character as to lay the case open to revision and  declaring the application admissible on this ground.

No application for revision may be made after the lapse of 10 years from the date of the  judgment.

Time limits

Article 39

The proceedings provided for in Articles 36 and 37 of this Treaty must be instituted within the  time limit of one month provided for in the last paragraph of Article 33.

Periods of grace based on considerations of distance shall be laid down in the Rules of  Procedure.

No right shall be prejudiced in consequence of the expiry of a time limit if the party  concerned proves the existence of unforeseeable circumstances or of force majeure.

Periods of limitation

Article 40

Proceedings provided for in the first two paragraphs of Article 40 of this Treaty shall be  barred after a period of five years from the occurrence of the event-giving rise thereto. The  period of limitation shall be interrupted if proceedings are instituted before the Court or if  prior to such proceedings an application is made by the aggrieved party to the relevant  institution of the Community. In the latter event the proceedings must be instituted within the  time limit of one month provided for in the last paragraph of Article 33; the provisions of the  last paragraph of Article 35 shall apply where appropriate.

Special rules relating to disputes between Member States

Article 41 ( * )

( * ) See note on p.129.

Where a dispute between Member States is brought before the Court under Article 89 of this  Treaty, the other Member States shall be notified forthwith by the Registrar of the subject  matter of the dispute.

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