Keywords
Summary

Keywords

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1 . MEASURES ADOPTED BY AN INSTITUTION - DEFINITIVE NATURE - CRITERIA

2 . PROCEDURE - JUDGMENT GRANTING ANNULMENT - LEGAL EFFECTS - LIMITED TO THE PARTIES AND TO THE PERSONS DIRECTLY CONCERNED BY THE MEASURE ANNULLED - JUDGMENT CONSTITUTING A NEW FACTOR - CONCEPT

3 . MEASURES ADOPTED BY AN INSTITUTION - ANNULMENT DEPENDENT ON A NEW FACTOR - CRITERIA - PRINCIPLE OF LEGAL CERTAINTY TO BE TAKEN INTO CONSIDERATION

Summary

1 . A MEASURE CONTAINING A SPECIFIC DECISION MADE WITHOUT ANY RESERVATIONS MUST BE REGARDED AS FINAL IN THE ABSENCE OF MATERIAL FACTORS CLEARLY AND CONSISTENTLY INDICATING THE CONTRARY .

2 . CF . PARA . 4, SUMMARY, CASE 43/64, ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

*/ 664J0043 /*.

3 . PROTECTION OF THE CERTAINTY OF LEGAL POSITIONS AND RELATIONSHIPS IMPLIES THAT THE EXISTENCE OF DECISIONS OF COMMUNITY AUTHORITIES GOVERNING SUCH POSITIONS AND RELATIONSHIPS CANNOT FOR EVER BE CALLED IN QUESTION .