Question juridique clé
Whether the request for revision of the Federal Supreme Court judgment of 16 October 2008 was admissible and well founded because the Court overlooked two separate appeals and decided one file only.
Solution extraite
The revision request was granted because the prior judgment contained obvious omissions within the meaning of the Revision Act; it had been based on the wrong cantonal decision and failed to address one appeal.
Motifs extraits
The Court found grounds under Art. 121 lit. c and d BGG, the request was timely, and the prior judgment had to be set aside under Art. 128 Abs. 1 BGG.