1. The recommendations drawn up by the council upon the giving of an assent cannot have the effect of restricting or modifying the express powers conferred by the decision which is the subject of that assent.
The legality of decisions taken in implementation of a general decision which has been the subject of an assent can therefore be examined only on the basis of the actual provisions of that general decision.
2. The inevitable and inherent disadvantages in the equalization scheme which, of its nature, necessitates a posteriori calculations for the fixing of the rate do not constitute damage giving a right to compensation.
3. The existence of frauds does not alone suffice to prove that the administration has failed in its duty of supervision and consequently is guilty of a wrongful act or omission.
Citations:
C-70/69, [1971] EUECJ C-70/69
Links:
European
Updated: 20 May 2022; Ref: scu.131890
