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Hans Dieter Mosthaf v Commission EAEC (Judgment): ECJ 15 Dec 1966

Europa Measures adopted by an institution – definitive nature – criteria 2. Procedure – judgment granting annulment – legal effects – limited to the parties and to the persons directly concerned by the measure annulled – judgment constituting a new factor – concept 3. Measures adopted by an institution – annulment dependent on a new factor – criteria – principle of legal certainty to be taken into consideration 1. A measure containing a specific decision made without any reservations must be regarded as final in the absence of material factors clearly and consistently indicating the contrary. 2. Cf. Para. 4, summary, case 43/64, (1965) ECR 385. Apart from the actual parties in proceedings before the court, the only persons concerned by the legal effects of a judgment of the court annulling a measure are, the persons directly affected by the measure which is annulled. Such a judgment can only constitute a new factor as regards those persons. */ 664j0043 /*. 3. Protection of the certainty of legal positions and relationships implies that the existence of decisions of community authorities governing such positions and relationships cannot for ever be called in question.

Citations:

C-34/65

European

Updated: 10 April 2022; Ref: scu.131804

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