By: N. Pirilides & Associates LLC
Claim for damages after judicial annulment of an administrative act, is in fact possible, provided that the conditions imposed by the relevant law and case law do apply.
Particularly, if the aggrieved party can show that they suffered damages caused from an administrative decision, which was later on proved to be invalid and annulled by the administrative court, the aggrieved party can proceed with a lawsuit for damages.
Article 146.6 of the Constitution, states as follows “Any person aggrieved by any decision or act declared to be void under paragraph 4 of this Article or by any omission declared thereunder that it ought not to have been made shall be entitled, if his claim is not met to his satisfaction by the organ, authority or person concerned, to institute legal proceedings in a court for the recovery of damages or for being granted other remedy and to recover just and equitable damages to be assessed by the court or to be granted such other just and equitable remedy as such court is empowered to grant”.
In Savvas & Leonidas Motors Ltd v. Attorney General, case no. 3856/05, the court stated the specific conditions that must be met in order to claim for damages after the judicial annulment of the administrative act. These are as follows:
- The aggrieved party must have won a case for judicial annulment of an administrative act (see Central Bank of Cyprus v. Chari Theodoride, appeal no.8009, 18 June 1993);
- The aggrieved party must have prior to bringing forward a claim for damages, petitioned compliance with the judicial annulment and compliance with his/her demands from the administration and the administration failed to comply;
- The pursued damages must directly derive from the annulled administration act (see Vnukovo Airlines v. Attorney General, appeal no. 10311, 29 June 2001).
When the above are met and proved, the court will examine the loss of the aggrieved party and determine, if any, the amount for just and equitable damages (see Central Bank of Cyprus v. Chari Theodoride, as cited above).
However, in Nicolas v. Republic, appeal no. 10301, the appellant had to also prove that he would be the one promoted among the rest of the candidates, having had the administrative act was done right. Because he could not prove that, he could not receive any damages as a result of the judicial annulment of the administrative act.
To conclude, for such a claim to succeed, the court is adamant on following the above guidelines. It is not an easy process but not an unattainable either. If the court is satisfied with the aggrieved party’s case, then the latter will presumably receive just and equitable damages.
For more information and/or advice you may contact us at [email protected] and we will be happy to assist.
