Administrative recourse for annulment abated due to the revocation of the challenged administrative decisions by the Council of Ministers.

[*367] 1975 April 4

(TRIANTAFYLLIDES, P. , STAVRINIDES, L. LOIZOU,

HADJLANASTASSIOU, A. LOIZOU, MALACHTOS, JJ. )

REVISIONAL JURISDICTION

In the matter of Article 146 of the Constitution

Telemachos Andreou and Others,

Applicants,

and

The Republic of Cyprus, through

The Council of Ministers,

Respondent.

(Cases Nos.73/73, 74/73, 97/73, 180/73, 303/73 & 437/73).

Administrative Law - Recourse for annulment - Revocation of administrative decision challenged thereby - Recourse abated.

Abatement of recourse - Through revocation of decision challenged thereby.

Recourse for annulment - Abatement - See, also, under "Administrative Law".

L. Papaphilippou, for Applicant in Case 73/73.

L. Papaphilippou with P. Demetriou, for Applicant in Case 303/73»

P. Demetriou, for Applicant in Case 74/73.

P. Demetriou for

A. Neocleous, for Applicant in Case 437/73.

E. Nicolaou, (Miss), for L. derides, for Applicant in Case 180/73.

Fr. Markides with E. Markidou, (Mrs.) and N. Anastassiades, for Applicant in Case 97/73.

L. Loucaides, Senior Counsel of the Republic, for Respondent.

JUDGMENT

The judgment of the Court was delivered by:-

TRIANTAFYLLIDES. P.: In these six cases,[*368] which were heard together, judgment was reserved on the 1st March, 1974. Subsequently, on the 2nd August, 1974, there was published in the Fourth Supplement to the Official Gazette (Not. 66) a decision of the Council of Ministers revoking, inter alia, the decisions challenged in these proceedings.

The said decision of the Council reads as follows:

"Ανάκλησις Αποφάσεων

Υπουργικού Συμβουλίου δι' ων ετερματίσθησαν αι υπηρεσίαι Δημοσίων Υπαλλήλων,

Εκπαιδευτικών, Αστυνομικών και Δεσμοφυλάκων.

Απόφασης υπ' Αρ. 13.421.

Το Συμβούλιον απεφάσισεν όπως όλαι

αι αποφάσεις αι περιγραφόμεναι εις τον Πίνακα ανακληθώσι από της ημερομηνίας

καθ' ην αύται ελήφθησαν και θεωρηθώσιν από της εν λόγω ημερομηνίας ως άκυροι

και ως μη υφιστάμεναι παντός όπερ εγένετο δυνάμει των ρηθεισών αποφάσεων

θεωρουμένου ως μη γενομένου και παντός όπερ παρελείφθη να γίνη ένεκεν των ρηθεισών αποφάσεων

διαταττομένου όπως γίνη".

("Revocation of Decisions of the Council of Ministers by means of which there were terminated the services of Public Officers, Educationalists, Policemen and Prison-Warders. Decision No. 13.421.”

“The Council decided to revoke all the decisions [*369] described in the Schedule as from the date on which they were taken and they should be regarded as from the said date as null and non-existent and everything done by virtue of the said decisions should be regarded as not having been done and it is ordered that there should be done whatever was omitted to be done because of the said decisions.)”

Counsel on both sides have submitted that because of the above decision of the Council these recourses have been, abated; they argued that this was the inevitable conclusion in view of the wording and effect of such decision; in this respect reference was made, inter alia, to Tsatsos on

Recourse for Annulment to the Council of State (Θ. Τσάτσου – Η Αίτησις Ακυρώσεως Ενώπιον του Συμβουλίου της Επικρατείας)

3rd ed., pp. 370-372.

In the light of what counsel have submitted we agree that their common view as to the outcome of these cases is correct; so, the reserved judgment will not be delivered and the cases are hereby struck out as abated.

Regarding costs, we have decided that the respondent should pay to each counsel for the applicants his costs; the Court will fix the amounts payable as costs, on presentation by each advocate of his bill of costs.

Cases struck out as abated.

Order for costs as above.