1 BY APPLICATION FILED ON 10 MAY 1974 THE APPLICANT ASKS FOR A REVISION OF THE JUDGMENT GIVEN BY THIS COURT ON 4 APRIL 1974 IN CASE 115/73 .
2 UNDER THE FIRST PARAGRAPH OF ARTICLE 41 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE ANNEXED TO THE EEC TREATY 'AN APPLICATION FOR REVISION OF THE JUDGMENT MAY BE MADE TO THE COURT ONLY ON DISCOVERY OF A FACT WHICH IS OF SUCH A NATURE AS TO BE A DECISIVE FACTOR, AND WHICH, WHEN THE JUDGMENT WAS GIVEN, WAS UNKNOWN TO THE COURT AND TO THE PARTY CLAIMING THE REVISION '.
3 THE SECOND PARAGRAPH OF THIS SAME ARTICLE PROVIDES THAT THE REVISION SHALL BE OPENED BY A JUDGMENT OF THE COURT EXPRESSLY RECORDING THE EXISTENCE OF A NEW FACT, RECOGNIZING THAT IT IS OF SUCH A CHARACTER AS TO LAY THE CASE OPEN TO REVISION AND DECLARING THE APPLICATION ADMISSIBLE ON THIS GROUND .
4 UNDER ARTICLE 100 ( 1 ) OF THE RULES OF PROCEDURE THE COURT SITTING IN THE DELIBERATION ROOM SHALL GIVE IN THE FORM OF A JUDGMENT ITS DECISION ON THE ADMISSIBILITY OF THE APPLICATION .
5 AS REGARDS THE FACTS ON WHICH THE APPLICATION IS BASED AND THE EVIDENCE OF THEM THE APPLICANT EXPRESSLY REFERS TO THE COURT FILE OF THE CASE . HE CLAIMS MOREOVER IN HIS APPLICATION THAT THE COURT SHOULD REVISE THE JUDGMENT OF 4 APRIL 1974 AND GIVE A NEW JUDGMENT 'BASED ON ALL THE ARGUMENTS SUBMITTED AND THE EVIDENCE ADDUCED '.
6 IT FOLLOWS FROM THESE SUBMISSIONS THAT THE APPLICANT, WITHOUT ALLEGING ANY NEW FACT, SEEKS IN REALITY, BY THE EXPEDIENT OF THE PROCEDURE OF REVISION ALLOWED BY ARTICLE 41 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, TO RE-OPEN THE JUDGMENT GIVEN ON 4 APRIL 1974 AND TO ASK THE COURT TO GIVE A NEW JUDGMENT ON THE MERITS OF THE APPLICATION IN CASE 115/73 .
7 THE APPLICATION MUST THEREFORE BE REJECTED AS INADMISSIBLE SINCE IT DOES NOT SATISFY THE CONDITIONS OF THE FIRST PARAGRAPH OF ARTICLE 41 OF THE PROTOCOL ON THE STATUTE OF THE COURT OR ARTICLE 99 ( 1 ) OF THE RULES OF PROCEDURE .