Facts
The applicant, [A.] , filed an appeal in English with the Federal Supreme Court on 22 September 2019 against a judgment of the Bern Cantonal Appeals Commission on RTA measures of 22 May 2019. This judgment upheld a decision of the Cantonal Office for Road Traffic and Navigation of 14 November 2018, ordering the withdrawal of her driving licence for three months due to a serious breach of road traffic rules.
By order of 26 September 2019, notified on 3 October 2019, the appeal was returned to the applicant on the ground that it was not drafted in an official language. A deadline of 14 October 2019 was set for her to remedy this irregularity and to produce a complete copy of the contested judgment, only the first and last pages having been attached, under penalty of the submission not being taken into consideration.
On 17 October 2019, the applicant wrote to the Central Chancellery to apologise for her delay, explaining that she would consult a lawyer before submitting her appeal in French. The following day, she indicated that she had consulted a lawyer and requested an additional deadline until the end of the following week.
By judgment 1C_509/2019 of 30 October 2019, the Federal Supreme Court declared the appeal inadmissible under the simplified procedure of Art. 108 para. 1 let. b FSCA, the applicant not having remedied the irregularities within the time limit set. On 19 December 2019, in case 1F_52/2019, the Federal Supreme Court dismissed the application to annul that judgment and to restore the time limit, filed on 29 November 2019.
By submission of 26 January 2020, posted the following day, the applicant requested revision of judgment 1C_509/2019 on the basis of Art. 121 let. d FSCA (oversight).
Considerations
Revision of judgments of the Federal Supreme Court is admissible only on the grounds exhaustively listed in Art. 121 et seq. FSCA and within the time limits of Art. 124 FSCA. The applicant invokes Art. 121 let. d FSCA, namely the omission through oversight of relevant facts apparent from the file. Under Art. 124 para. 1 let. b FSCA, the application must be filed within 30 days of notification of the full text of the judgment.
As regards admissibility, judgment 1C_509/2019 is deemed received on 11 November 2019, at the expiry of the seven-day collection period (Art. 44 para. 2 FSCA). The application, posted on 27 January 2020, is therefore out of time and inadmissible.
In the alternative, the Federal Supreme Court notes that oversight presupposes an error consisting of misapprehending or misrepresenting a fact or a document, concerning the content of the fact itself and not its legal assessment. The fact must appear from the file and be capable of leading to a more favourable decision for the applicant.
However, the illness invoked by the applicant (influenza) appeared neither from the file nor from the statement of appeal, but from the subsequent application for annulment and restoration of the time limit. A fact arising after the judgment cannot found a revision under Art. 121 let. d FSCA. This argument was moreover examined in judgment 1F_52/2019 of 19…