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Article
Withdrawal of National Administrative Decisions under European Administrative Law
European Law Reporter (2007)
  • Henrik Wenander, Lund University
Abstract

The article comments on ECJ Case C-392/04 i-21. The main issue of the case was whether there is an obligation for a national administrative authority to withdraw an administrative decision on telecom fees that has become final, when this decision is founded on national law that has implemented Directive 97/13/EC in an incorrect way. The ECJ held that there in principle is no obligation to withdraw such a decision, except for when national law provides for the obligatory withdrawal of a decision that does not comply with higher-ranking national provisions. In that situation the principle of equivalence calls for an obligation to withdraw also decisions that are contrary to Community Law. The reasoning of the ECJ underlines the importance of the individual having the possibility to appeal in order to be able to enjoy the rights set out in Community Law. In the case the ECJ developed the Kühne & Heitz case law on withdrawal of administrative decisions providing important clarifying guidelines in the field of European administrative law.

Keywords
  • EU law,
  • withdrawal of administrative decisions,
  • legitimate expectations,
  • procedural autonomy,
  • effectiveness,
  • equivalence
Publication Date
February, 2007
Citation Information
Henrik Wenander: Withdrawal of National Administrative Decisions under European Administrative Law, European Law Reporter 2007 (2), 54-60