3 C.L.R. 1976 March 26 [TRIANTAFYLLIDES, P.] IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION ANDREAS SAVVA CHRISTODOULIDES, Applicant. v. THE REPUBLIC OF CYPRUS, THROUGH THE MINISTER OF EDUCATION, Respondent. (Case No. 213/75). 5 10 15 20 Recourse for annulment—Abatement—Recourse against refusal to certify admission as a student of a University—Certificate issued after recourse had been served—Applicant suffering damage due to the initial refusal—Recourse not abated because an administrafive act of limited duration, which before ceasing to be effective has produced results, can be annulled even though the legal situation created by it has subsequently ceased to exist. After the applicant had secured admission as a student of Lunds University in Sweden, on or about October 16, 1975, he applied to the respondent Minister, on October 22, 1975, to certify such admission; he required this certificate in order to be discharged from the National Guard. The respondent Minister refused to issue the certificate in question and the applicant was not discharged then from the National Guard so as to be enabled to reach Sweden in time for the commencement of the next academic year which was to commence in November, 1975. The required certificate was issued to the applicant on January 10, 1976, after this recourse, against the refusal to certify the admission, had been served. Applicant did not withdraw this recourse in view of the fact that he has suffered damage due to the initial refusal of the respondent. 189 Christodoulides τ. The Republic
(1978)Counsel for the respondent conceded that the initial refusal tocertify theadmission was erroneous duetoamistake madeby an official in the Ministry of Education; and that such refusal could be declared invalid in the present proceedings. On the questions whether (
- a)the initialrefusalwas erroneous 5 and (
- b)whether,since the requestedcertificate was actually issued on January 10, 1976, the initialrefusal of such certificate ceasedto be operativeand, consequently, the present recourse should be treatedas having been abated: Held,
(1)that from the material placed before this Court in the present case, it is satisfied that it was, initially, erroneously refused to certify the admission of the applicant by the Univer sity in question. 10
(2)That this recourse cannot be treated as having been abated, because an administrative act of limited duration,which 15 before ceasing to be effective has produced results, can beannul led even though thelegalsituationcreated by it has subsequently ceased to exist (Malliotis v. The Municipality of Nicosia
(1965)3 C.L.R. 75 at p. 94followed;Vafeades v. TheGreek Communal Chamber
(1966)3 C.L.R. 197distinguished); and that,according- 20 ly, the refusal of the respondent Minister, which is the subjectmatter of this recourse, is hereby declared to be null andvoid and of no effect whatsoever. St/bjudicedecision annulled. Cases referred to: Malliotisv. The Municipality of Nicosia
(1965)3 C.L.R. 75 at p. 94; Vafeades v. TheGreekCommunal Chamber
(1966)3C.L.R. 197; Decisions of the GreekCouncil of State Nos. 215/1970 and 710/
- 25 30 Recourse. Recourse against the refusal of the respondent Minister to certify that the applicant has secured admission as a student of Lunds University in Sweden. L. Papaphtfippou,for the applicant. A. S. Angelides, for the respondent. Cur. adv.vult. 190 35 3 C.L.R. Christodonlides v. TheRepublic The following judgment was delivered by: TRIANTAFYLLIDES P.: This recourse has been made against therefusal oftherespondent Minister *ocertify that theapplicant has secured admission as a student of Lunds University in 5 Sweden. It isadmitted intherespondent's Opposition that such refusal was communicated to theapplicant orally on October 23,
- The salient facts ofthe case, asthey aresetout inthe application in this recourse and in an affidavit sworn by the applicant 10 on December 31, 1975,are as follows: While the applicant was serving in the Nationa' Guard he applied, on October 22, 1975, for the certificate n question, after he had secured admission, on or about October 16, 1975, by the aforesaid university; he required the certificate ii. order 15 to be discharged from the National Guard pursuant to a decision of the Council of Ministers concerning servicemen who were to proceed abroad for university studies. The next academic year wastocommence in November
- As a result, however, of the refusal a the respondent to issue 20 the requested certificate, the applicant wasnot discharged then from the National Guard so as to be enabled to reach Sweden in time for the commencement of the next academic year. On January 10,1976,andafter this recourse had been served, the required certificate was issued to the applicant. 25 The applicant did not withdraw this recourse in view of the fact that, as has been pointed out by his counsel during these proceedings, theapplicant hassuffered damage duetotheinitial refusal oftherespondent toissuetohimthecertificate concerned. It has not been disputed by counsel for the respondent that 30 the complained of initial refusal of the respondent to certify the admission of the applicant waserroneous, due to a mistake made by an official in the Ministry of Education; nor was it contended that such refusal, which did cause detriment to the applicant, could not be declared to be invalid in the present proceedings. 191 Triantafyllides P. Christodoulfdes v. The Republic
(1978)From the material placed before me in this case I am, indeed, satisfied that it was, initially, erroneously refused to certify the admission of the applicant by the university in question. I have proceeded to examine, too, whether, since on January 10, 1976, the certificate requested by the applicant was actually 5 issued, it could be said that the initial refusal of such certificate ceased to be operative and, consequently, the present recourse should be treated as having been abated: I am of the opinion that this is not so, because as has been pointed out in Malliotis v. TheMunicipality of Nicosia,
(1965)3C.L.R. 75,94, an admini- 10 strative act of limited duration, which before ceasing to be effective has produced results, can be annulled even though the legal situation created by it has subsequently ceased to exist. In this respect the present case is distinguishable from that of Vafeades v. The Greek Communal Chamber,
(1966)3 C.L.R. 15 197, where the recourse was treated as abated because a notice about the impending retirement of the applicant in that case was cancelle ·. and, therefore, his recourse against such notice was deprived of its subject matter, in view of the fact that the applicant did not in fact retire on the date indicated by the 20 noticein question, and, consequently, he was never detrimentally affected in any way. The legal position appears to be the same in Greece, as it is to be derived from Θ.Τσάτσου" Ή Αίτησις *Ακυρώσεως Ενώπιον τοΰ Συμβουλίουτης Επικρατείας" (Th.Tsatsos on the Recourse for Annulment before the Council of State), 3rd ed., p.370, as well as from the decisions of the Council of State in Greece in cases 215/1970 and 701/1970. 25 For all the foregoing reasons the refusal of the respondent Minister, which is the subject matter of this recourse, is hereby 30 declared to be null and voidand of no effect whatsoever. Taking into account all the circumstances in this case, and. especially, the promptness with which the respondent has acted in rectifying the matter, 1award against the respondent and in favour of the applicant only C£15 towards his costs. 35 Subjudice decision annulled. Orderfor costs as above. 192