The Legal Effects of a Serious Infringement of EU Law on Administrative Authorities and Courts: Comments on the Judgment of 10 March 2022, Case C-177/20 Grossmania, EU:C:2022:175

Abstract

The European Court of Justice's case-law has often dealt with conflicts between the principles of legality and legal certainty in national proceedings. In the Grossmania case, the Third Chamber of the Court ruled on the obligations of national administrative authorities and courts to nullify the unlawful consequences of a manifest and serious infringement of EU law. The preliminary ruling referred to the question of whether administrative authorities and courts should withdraw or disapply administrative decisions that are manifestly and seriously contrary to EU law but have become final in the absence of a challenge before the courts. The Court answered in the affirmative, save in specific cases in which objective and legitimate obstacles can preclude such measures. Nevertheless, in those cases affected persons should be granted the right to compensation, whether financial or other; besides, the State is liable for damage caused by the breach of EU law.