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EU Administrative Law$
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Paul Craig

Print publication date: 2006

Print ISBN-13: 9780199296811

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199296811.001.0001

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Remedies I: The Community

Remedies I: The Community

Chapter:
(p.749) 20 Remedies I: The Community
Source:
EU Administrative Law
Author(s):

Paul Craig

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199296811.003.0020

This chapter discusses remedies available against the Community. It begins with a consideration of the principles governing the grant of interim relief pending the final decision on the substance of a case and the way in which those principles are applied in relation to both direct and indirect actions. The chapter analyses the consequences of finding that the contested measure is illegal or invalid, the extent to which the Community courts modify the basic precept that a measure found to be invalid or illegal idea is void ab initio, and the relationship between the finding that the measure is void and the obligations placed on the Community institutions to redress the wrong. It then examines compensation, the criteria for recovery under Article 288 EC, and the way in which the tests have evolved over time.

Keywords:   remedies, Community, interim relief, Community courts, compensation, recovery

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