00:00The decision of the Council of State (CE), AS, May 11, 2004, Association AC, is a major decision in administrative law relating to the effects in
00:07the time it takes to cancel an administrative act.
00:09In principle, the annulment of an act by the administrative judge has retroactive effect; the act is deemed null and void.
00:15'to have ever existed.
00:16However, the Council of State acknowledges that this retroactivity can have manifestly excessive consequences, particularly for legal certainty.
00:24or situations that have already been established.
00:26He therefore exceptionally admits that the judge may modulate the effects of the annulment over time, i.e.
00:31by provisionally maintaining certain effects of the annulled act, or by setting a date from which the annulment
00:36will have its effects.
00:37The scope of the ruling is considerable because it constitutes an exception to the principle of retroactivity of judicial annulment.
00:43and gives the administrative judge the power to adapt the consequences of his decision according to the circumstances of the
00:48'species.
