Effects of the Court's Judgment
THE desired objective of an appeal, whether for annulment or against inaction, is to obtain a judgment of the Court which either annuls the act appealed or declares an inaction illegal and so prompts the Community organ to act. These appeals differ in purpose as do the consequences which follow from the Court's judgment. It is, therefore, advisable to examine the effects of an annulment judgment separately from those which result from declaring an inaction illegal.
An appeal for annulment attacks the legality of an act and aims at its destruction. In response to this appeal the Court may annul the provisions appealed but it may do so only within the scope of the appeal, it could never go ultra petita.1 By the pronounced annulment the provisions are automatically null and void as of the time they were issued (ex tunc) and effective erga omnes.2 No further action by a Community organ is required in this instance.
But an annulment may also have far-reaching consequences for the general act or regulation concerned, as well as for the individual acts which were issued thereunder. These consequences may raise two main____________________