Keywords
Summary

Keywords

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1 . ADMINISTRATIVE MEASURE CONFERRING SUBJECTIVE RIGHTS OR SIMILAR ADVANTAGES - ILLEGALITY OF THAT MEASURE - RETROACTIVE WITHDRAWAL OR WITHDRAWAL EX NUNC - ACTUAL SITUATION OF THE PARTIES CONCERNED AS THE CRITERION OF CHOICE

2 . ADMINISTRATIVE MEASURE CONFERRING SUBJECTIVE RIGHTS OR SIMILAR ADVANTAGES - ILLEGALITY OF THAT MEASURE - RETROACTIVE WITHDRAWAL OR WITHDRAWAL EX NUNC - ABSENCE OF FALSE OR INCOMPLETE INFORMATION GIVEN BY THE BENEFICIARIES AS A CRITERION OF CHOICE

3 . ADMINISTRATIVE MEASURE CONFERRING SUBJECTIVE RIGHTS OR SIMILAR ADVANTAGES - ILLEGALITY OF THAT MEASURE - RETROACTIVE WITHDRAWAL - DECISIONS WHICH CREATE AND THOSE DECLARATORY OF SUBJECTIVE RIGHTS - REASONABLE PERIOD OF TIME FOR WITHDRAWAL - RELATIVE IMPORTANCE OF THIS FACTOR

4 . DECISIONS OF THE HIGH AUTHORITY - SUFFICIENT REASONING - CRITERIA

( ECSC TREATY, ARTICLES 15 AND 33 )

Summary

1 . IN THE CONTEXT OF THE BALANCING OF INTERESTS UPON WHICH THE CHOICE BETWEEN RETROACTIVE WITHDRAWAL AND WITHDRAWAL EX NUNC OF AN ILLEGAL DECISION DEPENDS, THE ACTUAL SITUATION OF THE PARTIES CONCERNED MUST BE TAKEN INTO ACCOUNT .

2 . IN THE CONTEXT OF THE BALANCING OF INTERESTS UPON WHICH THE CHOICE BETWEEN RETROACTIVE WITHDRAWAL AND WITHDRAWAL EX NUNC OF AN ILLEGAL DECISION DEPENDS, THE FACT THAT THE BENEFICIARY HAS NOT PROVOKED THAT DECISION BY MEANS OF FALSE OR INCOMPLETE INFORMATION IS ONE OF THE CRITERIA TO BE TAKEN INTO ACCOUNT, BUT IT DOES NOT IN LAW EXCLUDE RETROACTIVE WITHDRAWAL .

3 . THE PRINCIPLE THAT RETROACTIVE WITHDRAWAL OF AN ILLEGAL ADMINISTRATIVE MEASURE CAN ONLY BE MADE WITHIN A REASONABLE PERIOD OF TIME IS ONLY OF LIMITED IMPORTANCE WHERE DECLARATORY DECISIONS ARE CONCERNED; IT THEREFORE CONSTITUTES ONLY ONE OF THE CRITERIA TO BE TAKEN INTO ACCOUNT IN THE BALANCE OF INTERESTS .

4 . A STATEMENT OF REASONS MUST BE DEEMED ADEQUATE, UNDER THE TERMS OF ARTICLES 15 AND 33 OF THE TREATY, WHEN IT ENABLES BOTH THE PARTIES CONCERNED AND THE COURT TO DISCOVER THE ESSENTIAL ELEMENTS OF THE HIGH AUTHORITY'S REASONING .