Thursday, January 5, 2012
Posted by D. Daniel Sokol
Florian Neumayr and Heinrich Kuhnert (bpv Hugel Rechtsanwalte) describe The Repeal of Decisions by the European Commission Based on Considerations of Fact or Law.
ABSTRACT: The paper addresses the question whether and, if so, to what extent the Commission has the right or is under an obligation to repeal decisions that have become final but are based on errors in fact or law. From case law, it appears that the institution is vested with a broad power to reconsider its decisions where the lifting of the original decision would be to the benefit of the addressee. By contrast, the European Courts have limited the instances in which the Commission would be under an obligation to do so. Recent cases indicate that the Commission does not appear to go beyond these possibilities/requirements.