Avis juridique important

Order of the Court of First Instance (Fourth Chamber, extended composition) of 14 March 1997. - Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Hapag-Lloyd Fluggesellschaft mbH v Commission of the European Communities. - Action for annulment - Contested decision withdrawn in the course of proceedings - No need to proceed to judgment. - Case T-25/96. European Court reports 1997 Page II-00363

Summary

Actions for annulment of measures - Action challenging a decision - Contested decision repealed in the course of the proceedings on account of clerical errors and a new, substantively identical decision adopted - Application rendered devoid of purpose - No need to proceed to judgment where the applicant has no interest in obtaining annulment

When, on account of clerical error in a decision which is being contested in an action for annulment, a Community institution repeals that decision in the course of the proceedings in order to replace it with a new decision which is substantively identical, that repeal renders the application devoid of purpose and it is not necessary for the case to proceed to judgment unless the applicant can establish an interest in obtaining its annulment.