Week 13

Question 1

What are the 2 principle remedies in Administrative Law

Answer 1

Annulment
Compensation

Question 2

Interim Measures

Answer 2

Temporary measures to prevent harm before a final judgment

Question 3

Case 27/68 R Renckens v Commission [1969] ECR 274, 276

Answer 3

Importance of temporary measures to prevent individuals from being unprotect while waiting for the decision

Question 4

Cumulative Criteria for Granting Interim Measures

Answer 4

Applicant must show likely invalidity of the contested measure
Urgency and irreparable harm
Hearing Judge must balance interests of all parties

Question 5

Case T-235/15 R Pari Pharma

Answer 5

Importance of judge balancing interests of all parties

Question 6

When do EU courts have the power to order suspension/interim measures

Answer 6

When legality of EU acts are challenged Directly

Question 7

When do National courts have the power to order suspension/interim measures

Answer 7

When legality of EU acts are challenged Indirectly

Question 8

Retroactive Nullity

Answer 8

Measure is considered void ab initio, subject to exceptions

Question 9

Case C-402/05 Kadi

Answer 9

Retroactive nullity moderated for legal certainty

Question 10

Can article 266 be used as autonomous remedy

Answer 10

NO

Question 11

What does the applicant need to prove to claim compensation

Answer 11

Rule of law infringed was intended to confer rights on individuals
Serious breach
Casual link between breach and resultant harm

Question 12

Causation must be

Answer 12

Direct
Immediate
Exclusive link between act and loss

Question 13

Damage must be

Answer 13

Certain
Specific
Proven
Quantifiable

Question 14

Ombudsman

Answer 14

Appointed by Parliament
Aim to resolve public complaints about administration
Extremely broad ground of complaint
BUT Non-Binding orders