Even where an administrative cancellation claim is well founded, on what conditions may the court dismiss it, and what may the plaintiff then ask for in the same case?
General information · Not legal advice
Material to check
The practice file would hold the administrative disposition challenged, the grounds of illegality the plaintiff pleads, the court's examination of the loss and form of compensation the plaintiff faces, and any claim for damages, installation of protective facilities or other relief joined to the cancellation suit.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that even where the plaintiff's claim is recognised as well founded, the court may dismiss it where cancelling the disposition or the like is found to be markedly contrary to public welfare, but in that judgment the court must state in the operative part that the disposition or the like is unlawful.
A second reading reaches the rest of what follows: before giving such a judgment the court must first investigate the degree of loss the plaintiff will suffer, the way of compensation and other circumstances, and the plaintiff may join to that court a claim for damages, installation of protective facilities or other appropriate relief against the country or public body to which the defendant administrative agency belongs.
Your judgment
On the facts of this file, what evidence could show that cancelling the disposition is markedly contrary to public welfare, given the loss and circumstances already examined?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the standard for dismissal, or if a court decision clarifies what counts as markedly contrary to public welfare or as appropriate relief joined to the cancellation suit.