Keywords
Summary

Keywords

Member States — Obligations — Obligation of cooperation — Obligation on an administrative body to review a final administrative decision in order to take account of the interpretation of the relevant provision given in the meantime by the Court — Conditions — (Arts 10 EC and 234(3) EC)

Summary

The principle of cooperation arising from Article 10 EC imposes on an administrative body an obligation to review a final administrative decision, where an application for such review is made to it, in order to take account of the interpretation of the relevant provision given in the meantime by the Court where:

─ under national law, it has the power to reopen that decision;

─ the administrative decision in question has become final as a result of a judgment of a national court ruling at final instance;

─ that judgment is, in the light of a decision given by the Court subsequent to it, based on a misinterpretation of Community law which was adopted without a question being referred to the Court for a preliminary ruling under Article 234(3) EC; and

─ the person concerned complained to the administrative body immediately after becoming aware of that decision of the Court.

see para. 28, operative part