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Publishers Abstract:
Recent years have shown that the ECJ has found various ways to encourage national courts and administrative authorities to apply Community law more effectively. Cases like Commission v. Italy, Kobler, Traghetti or Lucchini indicate that the Court does not hesitate to make use of a full variety of available measures. Against this background the ECJ held that in principle Community law does not require the reopening of an administrative decision which has become final. The final choice of the manner of proceeding will lie with the parties concerned and national courts, which should choose from among all the available procedural instruments the ones most suited for protection of individuals and, at the same time, the effectiveness of EC law. At the same time, there will be cases in which revoking of a ruling will be the only available or most advantageous way of avoiding a violation of Community law.
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