Facts
This ruling concerns a request to revise a Federal Court ruling, issued in the context of a appeal procedure. The applicant, Ms. [S.], has filed a request with the Federal Court to revise the ruling issued on November 7, 1989, in the case opposing Ms. [S.] to Ms. C. The request for revision is based on Article 136 let. d FJA, which provides for the revision of a Federal Court ruling in case of an oversight by the latter.
The facts of the case are as follows: the Federal Court issued a ruling in the context of the appeal procedure, based on the facts established by the last cantonal authority. The applicant claims that the Federal Court committed an oversight by not taking into account an important fact that emerges from the file.
Considerations
The Federal Court examined the request for revision and considered that Article 136 let. d FJA applies when, due to an oversight by the Federal Court, the contested ruling disregards an important fact that emerges from the file. However, the Federal Court also emphasized that, in the context of the appeal procedure, it bases its ruling on the facts as they were established by the last cantonal authority, unless federal provisions on evidence have been violated.
The Federal Court also recalled that, for there to be an oversight, the Federal Court must have had to take into account the important fact that it is reproached for not having considered. However, in the context of the appeal procedure, the appellant must…