Dismissal of the request for revision against a judgment of the SCC rendered on a public law appeal

Facts

A. and others, the heirs of U., filed a request for revision against two judgments of the SCC:

• The judgment of 21 February 2002 (4C.308/2001) which dismissed the appeal for reform filed by the heirs against a judgment of the Civil Court of the Cantonal Tribunal ordering them to sign the necessary deeds for the real estate transfers.
• The judgment of 25 May 2005 (5P.19/2005) which dismissed the public law appeal filed by A., B. and C. against a judgment of the Appeals Chamber of the Vaud Cantonal Tribunal providing that, despite their refusal to comply, they were deemed to have signed the notarial deeds necessary for the real estate transfers.

Considerations

The SCC ruled that the request for revision was inadmissible. Indeed, when the SCC dismisses a public law appeal, its judgment does not replace the challenged decision, which remains in force and may be subject to a request for revision, under the conditions of cantonal procedural law, for reasons affecting the factual findings it makes. However, in the present case, the grounds invoked in the request for revision do not concern the factual findings of the SCC, but the arbitrary application of the rules of cantonal procedure, the violation of the right to be heard, the prohibition of ruling extra…