ECJ Once the court has delivered a judgment annulling the decision on the classification of an official, and the administration, in giving effect to that judgment, no longer enjoys any measure of discretion, proper compliance with the judgment demands that, in order to put the person concerned back in the position which should lawfully have been his, account be taken of the loss which he has incurred on account of the fact that he was restored to that position only after an appreciable lapse of time and that he could not have the use of the sums to which he was entitled on the dates on which they would normally have fallen due. To that end such a person should be awarded default interest at a flat rate of 8% per annum, running from the date on which each instalment became due until final settlement.
Citations:
C-21/86, [1987] ECR 795, [1987] EUECJ C-21/86
Links:
Cited by:
Cited – Regina v Ministry of Agriculture Fisheries and Food ex parte Lower Burytown Farms Limited and National Farmers Union and others Admn 1-Aug-1995
The applicants were farmers who had claimed payments under the set-aside scheme. Payment was refused on the basis that they had claimed too much, but payment was ordered to be made after a ruling in Europe. They now sought judicial review of a . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 May 2022; Ref: scu.134326
