Opinion of the Advocate General — ECLI:EU:C:2003:350
Date: 2003-06-17
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Free movement of goods;Principles, objectives and tasks of the Treaties;Common customs tariff;Customs Union;Eggs and poultry
Procedure: Reference for a preliminary ruling
Origin: Netherlands

SUMMARY — CASE C-453/00 
Summary of the Judgment 
Member States — Obligations — Obligation of cooperation — Obligation on an 
administrative body to review a final administrative decision in order to take account of 
the interpretation of the relevant provision given in the meantime by the Court — 
Conditions 
(Arts 10 EC and 234(3) EC) 
The principle of cooperation arising from 
Article 10 EC imposes on an administrative 
body an obligation to review a final 
administrative decision, where an appli­
cation for such review is made to it, in 
order to take account of the interpretation 
of the relevant provision given in the 
meantime by the Court where: 
— under national law, it has the power to 
reopen that decision; 
— the administrative decision in question 
has become final as a result of a 
judgment of a national court ruling at 
final instance; 
— that judgment is, in the light of a 
decision given by the Court subsequent 
to it, based on a misinterpretation of 
Community law which was adopted 
without a question being referred to the 
Court for a preliminary ruling under 
Article 234(3) EC; and 
— the person concerned complained to 
the administrative body immediately 
after becoming aware of that decision 
of the Court. 
(see para. 28, operative part) 
I -838