Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ v Council of the European Union and Commission of the European Communities.
Date: 2009-04-02
15. Even though the wording of Article 44 of the Statute of the Court of Justice does not expressly provide that an order may be the subject of an application for revision, it must be stated that an order which dismisses an appeal as in part clearly inadmissible and in part clearly unfounded, pursuant to Article 119 of the Rules of Procedure, produces the same effects as would a judgment dismissing an appeal as in part inadmissible and in part unfounded. Accordingly, in the event of the discovery of a new and decisive fact, an application for revision may be brought against such an order (see, to that effect, Joined Cases C‑199/94 P and C‑200/94 P-REV Inpesca v Commission  [1998] ECR I‑831, paragraph 16).
16. According to consistent case-law, revision is not an appeal procedure but an exceptional review procedure that allows the authority of res judicata  attaching to a final judgment or to an order made pursuant to Article 119 of the Rules of Procedure to be called into question on the basis of the findings of fact relied upon by the Court. Revision presupposes the discovery of elements of a factual nature which existed prior to the judgment or the order and which were unknown at that time to the Court which delivered the judgment or the order as well as to the party applying for revision and which, had the Court been able to take them into consideration, could have led it to a different determination of the proceedings (see, in particular, Case C‑130/91 REV ISAE/VP and Interdata  v Commission  [1995] ECR I-407, paragraph 6, and judgment of 29 November 2007 in Case C‑12/05 P-REV Meister  v OHIM , paragraph 16 and the case-law cited).
17. In the light of the exceptional nature of the revision procedure, the conditions governing the admissibility of an application for revision of a judgment or of an order made in accordance with Article 119 of the Rules of Procedure are to be interpreted strictly.
19. The documents to which the applicant refers are essentially of a political nature and cannot constitute an independent source of rights or obligations. The case-law shows that neither individual statements of position nor joint declarations of the Member States may be used for the purpose of interpreting a provision where their content is not reflected in its wording, and they therefore have no legal significance (see, in particular, Joined Cases C‑197/94 and C‑252/94 Bautiaa and Société française maritime  [1996] ECR I‑505, paragraph 51, and Case C‑233/97 KappAhl  [1998] ECR I‑8069, paragraph 23).
20. As regards the second fact identified by the applicant and referred to in paragraph 11 of the present judgment, it is clear that a judgment of the Court of Justice, which has moreover been published in the Reports of Cases before the Court of Justice and the Court of First Instance , cannot be considered to be unknown to the Court and to the applicant. Accordingly, that judgment cannot constitute a new fact.
23. In this respect, the Court finds that the applicant has not established any link between the facts relied on and the points on which the order is contested. As the Council has pointed out, the entire application for revision lacks coherence and precision, both of which are required by Article 99 of the Rules of Procedure in conjunction with Article 38 of those rules (see, to that effect, Case C‑195/04 Commission  v Finland  [2007] ECR I-3351, paragraph 22, and Case C‑412/04 Commission  v Italy  [2008] ECR I-619, paragraph 103).
25. As regards the criticism expressed in the application for revision in respect of the dismissal, by way of the contested order, of the appeal brought by the applicant against the judgment in Case T-367/03 Yedaş Tarim ve Otomotiv Sanayi ve Ticaret  v Council and Commission , the Court reiterates that, as stated in paragraph 16 of the present judgment, the revision procedure is not an appeal procedure but an exceptional review procedure. The complaints made in that regard in the application for revision therefore clearly fall outside the scope of a revision procedure.