Keywords
Summary

Keywords

OBJECTION OF ILLEGALITY - ACTION BROUGHT AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS BY FAILING TO COMPLY WITH A DECISION PROHIBITING AID - EXPIRY OF THE LIMITATION PERIOD FOR AN ACTION FOR A DECLARATION THAT IT IS VOID - INADMISSIBILITY OF THE OBJECTION OF ILLEGALITY RAISED WITH REGARD TO THE DECISION

( EEC TREATY , FIRST AND SECOND SUBPARAGRAPHS OF ART . 93 ( 2 ) AND THIRD PARAGRAPH OF ART . 173 )

Summary

TO ALLOW A MEMBER STATE TO WHICH A DECISION ADOPTED UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 83 ( 2 ) HAS BEEN ADDRESSED A FURTHER OPPORTUNITY TO CALL IN QUESTION THE VALIDITY OF THAT DECISION ON THE OCCASION OF AN APPLICATION REFERRED TO IN THE SECOND SUBPARAGRAPH OF THAT ARTICLE , IN SPITE OF THE EXPIRY OF THE PERIOD LAID DOWN IN THE THIRD PARAGRAPH OF ARTICLE 173 OF THE TREATY , WOULD BE IMPOSSIBLE TO RECONCILE WITH THE PRINCIPLES GOVERNING THE LEGAL REMEDIES ESTABLISHED BY THE TREATY AND WOULD JEOPARDIZE THE STABILITY OF THAT SYSTEM AND THE PRINCIPLE OF LEGAL CERTAINTY UPON WHICH IT IS BASED .