Judgment — ECLI:EU:F:2007:70
Date: 2007-04-25
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Revocation / Repeal
Procedure: Staff cases - successful

Summary Acts of the institutions – Withdrawal – Unlawful acts – Extent in the event of a procedural defect Where the administration decides to withdraw an act because of a procedural defect in its adoption, just as where it replaces a decision annulled by the Community judicature because of a procedural defect, it has the discretion to repeat the whole of the adoption procedure without confining itself to what is necessary to rectify the defect identified. Consequently, if, when withdrawing an act, the administration gives the person concerned a formal assurance that it will repeat the adoption procedure from the beginning, it cannot, without breaching the principle of the protection of legitimate expectations, go back on the undertaking it has given by limiting the extent of the withdrawal merely to those phases of the procedure that were unlawful. (see paras 38, 45-46)