Common use of Rehearing Clause in Contracts

Rehearing. (1) A request for rehearing after a final decision may exceptionally be made to the Court of Appeal on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing. Such request may only be based on grounds of a fundamental procedural defect or of an act which was held, by a final court decision, to constitute a criminal offence. (2) A request for a rehearing shall be filed within 10 years from the date of the decision but not later than two months from the date of the discovery of a fact including an act which was held, by a final court decision, to constitute a criminal offence. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise. (3) If the request for a rehearing is founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure. (4) Persons using patents which are the subject-matter of a decision and who are acting in good faith should be allowed to continue the use.

Rehearing. (1) A request petition for rehearing after a final decision may exceptionally be made to the Court of Appeal on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing. Such request petition may only be based on grounds of a fundamental procedural defect or of an act which was held, by a final court decision, to constitute a criminal offence. (2) A request for a rehearing shall be filed within 10 years from the date of the decision but not later than two months from the date of the discovery of a fact including an act which was held, by a final court decision, to constitute a criminal offencewithin the meaning of paragraph 1. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise. (3) If the request for a rehearing is founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure. (4) Persons using patents which are the subject-matter of a decision and who are acting in good faith should be allowed to continue the use.