CASE COMMENT: PROCEDURES - EC LAW - TEMPORAL LIMITATION OF THE EFFECTS OF A JUDGEMENT UNDER ARTICLE 234 EC INVALIDITY OF THE THE COMMISSION’S DECISION ARTICLE 88§3 EC

Temporal limitation of an ECJ ruling: The ECJ decides that the effects of the declaration that the decision is invalid will be suspended pending the adoption of a new decision by the Commission (Régie Networks)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CJCE, grande ch, 22 December 2008, Régie Networks v Direction de contrôle fiscal Rhône-Alpes Bourgogne, case C-333/07 By a judgment, adopted by the Grand Chamber, which deserves to be noted in several respects, both on substantive and procedural questions (reference on the substantive question to the commentary by J.-Y. Chérot in this column, under the heading "State aid".), the Court gives interesting details on the adjustment of the temporal effects of a preliminary ruling declaring a Community act invalid. This practice, which remains relatively rare, has certain particularities when the invalidated Community act is a Commission decision adopted in the

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Agnès Maitrepierre, Temporal limitation of an ECJ ruling: The ECJ decides that the effects of the declaration that the decision is invalid will be suspended pending the adoption of a new decision by the Commission (Régie Networks), 22 December 2008, Concurrences N° 1-2009, Art. N° 23495, pp. 196-197

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