Facts
Between 1989 and 1993, the Federal Valuation Commission of the 1st District rendered decisions in ten expropriation proceedings initiated at the request of owners of properties neighboring Geneva Airport. These owners requested that the Canton of Geneva be ordered to pay them compensation for formal expropriation due to the noise nuisance caused by the operation of the airport, as well as, in certain cases, for material expropriation following the inclusion of their parcels within the perimeter of the airport's noise zone plan. The Federal Tribunal rendered a judgment on July 12, 1995 that resolved certain questions of principle and ordered the continuation of the investigation. The owners concerned subsequently submitted three requests to revise this judgment, invoking the ground under Art. 136(d) of the Judiciary Organization Act and concluding with the granting of compensation for material expropriation.Considerations
According to case law, the revision of a judgment of the Federal Tribunal under Art. 136(d) of the Judiciary Organization Act is only possible when the judge has inadvertently failed to take into account important facts that emerge from the file. It does not concern a misappreciation of the evidence or the legal scope of the established facts.
In the present case, the Federal Tribunal considered that…