Keywords
Summary

Keywords

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1. Actions for annulment ° Judgment annulling a measure ° Effects ° Duties of the administration ° To make good damage resulting from the measure annulled which continues after the annulment

(EC Treaty, Arts 176 and 215, second para.)

2. Procedure ° Interpretation of a judgment ° Interpretation outside the procedure provided for in Article 40 of the Statute of the Court of Justice ° Permissible if necessary in order to determine the case

(EEC Statute of the Court of Justice, Art. 40)

Summary

1. Article 176 of the EC Treaty requires not only that the administration take the necessary measures to comply with the judgment of the Community judicature but that it make good further damage which may be caused by the unlawful measure which has been annulled, subject to the conditions laid down in the second paragraph of Article 215 of the Treaty. Article 176 of the Treaty does not make compensation for the damage dependent on the existence of a new fault distinct from the original unlawful measure which has been annulled, but provides for compensation for the damage which results from that measure and which continues after its annulment and compliance by the administration with the judgment whereby it was annulled.

2. Although Article 40 of the EEC Statute of the Court of Justice makes provision for a special procedure to resolve difficulties concerning the meaning and scope of judgments, it remains open to the Community judicature to seek to ascertain the meaning and scope of a previous judgment which has not been the subject of such a procedure, if such an interpretation is necessary in order to resolve the dispute before them.