European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The precedence of European law might challenge acquired internal situations. Thus, the principle of procedural autonomy includes two corollaries aimed at ensuring legal certainty for parties. The principle of legal certainty and legitimate expectations protects individuals and undertakings against the European authorities' changes of position causing them a loss because they previously exercised r …

Corollaries

The precedence of European law might challenge acquired internal situations. Thus, the principle of procedural autonomy includes two corollaries aimed at ensuring legal certainty for parties. The principle of legal certainty and legitimate expectations protects individuals and undertakings against the European authorities' changes of position causing them a loss because they previously exercised rights or complied with obligations resulting from domestic or European rules.

The principle of legal certainty, which ensures the stability of the law and legal relations, requires that final administrative or court decisions cannot be indefinitely challenged. Thus, European law does not lay down that an administrative body is, in principle, under an obligation to review a final administrative decision , unless the judgment of the court of final instance, by virtue of which the contested administrative decision has become final, is based on a misinterpretation of European law in the light of a decision by the Court subsequent to that administrative decision . The principle of cooperation arising from Article 4 TEU does not require national courts to disapply domestic rules of procedure conferring finality on a court decision  or granting an interim arbitration award the nature of a final award, even if they conflict with European law . A national court may therefore challenge an application for review and withdrawal of a final administrative decision, with the fact that the time-limit is exceeded, where the latter has a reasonable character , or due to the existence of a statute of limitation provided for by a national rule , where that period is justified by overriding reasons .

However, procedural requirements must not be less favorable than those in respect of similar action based on domestic law . Nationals must not be deprived of the possibility of asserting their rights in the national courts . National legislation may thus reduce the period within which repayment of sums collected in breach of European law may be sought, provided that the effectiveness of the new period be subject to a transitional period allowing nationals to have an adequate period for lodging claims for repayment which they were entitled to submit under the former legislation . 

The principle of legitimate expectations prevents the authorities of a Member State from changing in too sudden a manner the rules relied on in good faith as the basis for the legal or economic strategy of operators. According to the Court, when reviewing a dispute relating to the recovery of an unduly-paid aid, the national court may have regard to such considerations as the protection of legitimate expectations and legal certainty, provided that the conditions laid down are the same as for the recovery of purely national financial benefits and the interests of the Union are taken fully into account . The recipient's good faith and legitimate expectations may thus be the basis for the non-recovery of charges paid but not due by virtue of European law, where their payment results from negligence on the part of the national authorities and the fact that a considerable period of time has elapsed since their payment , or where the beneficiary has not been placed in a position to know of the conditions required to validly benefit from it . This is not the case, however, where the recipient has more or less deliberately not complied with the conditions to which the payment of European aid was subject . 

Case C-453/00 Kühne & Heitz [2004] ECR I-837, LawLex200900000886JBJ.

Case C-2/06, Kempter [2008] ECR I-411, LawLex200900001070JBJ.

Case 205/82 Deutsche Milchkontor GmbH [1983] ECR 2633, LawLex200900001652JBJ.

Case C-366/95 Landbrugsministeriet v Steff-Houlberg Export and others [1998] ECR I-2661, LawLex200900000538JBJ.

Case C-158/06 ROM-projecten [2007] ECR I-5103, LawLex200800000276JBJ.

Case C-383/06 Vereniging Nationaal Overlegorgaan Sociale Werkvoorziening and others [2008] ECR I-1561, LawLex200900000612JBJ.

Case C-234/04, Kapferer [2006] ECR I-2585, LawLex200900000820JBJ.

Case C-126/97 Eco Swiss [1999] ECR I-3055, LawLex200500005067JBJ, which excludes that an award be called into question by a subsequent arbitration award, even if this is necessary in order, in proceedings for annulment of a subsequent arbitration award, to examine whether an agreement which an interim arbitration award has held to be valid under law is nevertheless void under Article 101 TFEU (former Article 81 EC).

Case C-90/94 Haahr Petroleum v Åbenrå Havn and others [1997] ECR I-4085, LawLex200900001207JBJ.

Case C-125/01 Pflücke [2003] ECR I-9375, LawLex200900000438JBJ.

Case C-261/95 Palmisani v INPS [1997] ECR I-4025, LawLex200900001008JBJ: for a limitation period of one year from the transposition of a directive into the domestic legal system of a Member State; C-78/98 Preston and others [2000] ECR I-3201, LawLex200700001597JBJ: regarding a claim for membership of pension scheme which must be lodged within a period of six months following the end of the employment to avoid being time-barred.

Case C-279/96 Ansaldo Energia and others/Amministrazione delle Finanze dello Stato and others [1998] ECR I-5025, LawLex200900001373JBJ.

Case C-255/00 Grundig Italiana [2002] ECR I-8003, LawLex200900000998JBJ.

European Business Law

165. Corollaries

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

165. Corollaries

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise