54. In that case of TWD Textilwerke Deggendorf (supra) – the rationale was
elaborated at length as follows:
“The court held that Article 173 of the Treaty precluded the recipient of state aid
who could have challenged the Commission decision declaring the aid unlawful
and incompatible with the Common Market by bringing an action for annulment
within the time-limit laid down in the fifth paragraph of Article 173 of the Treaty
and who did not bring such an action from challenging before the national court
the measures implementing the Commission decision by seeking to rely on the
illegality of that decision. A ruling to the opposite effect would give such a party
the power to overcome the definitive nature which the decision has in relation to
him once the time-limit for bringing legal proceedings has expired.
Such a rule is based in particular on the consideration that the purpose of giving
time-limits for bringing legal proceedings is to ensure certainty by preventing
Community measures which produce legal effects from being called in question
indefinitely as well as on the requirements of good administration of justice and
procedural economy”. [emphasis added]
55. The Respondents laboured valiantly to avail to us all the abundant jurisprudence of
the European Human Rights Court, the Inter-American Court, the African Commission
and others, that recognize the principle of “`continuing violations”`. While this
jurisprudence is perfect for its particular circumstances, it is all about Human Rights
violations, governed by particular Conventions on Human Rights.
Furthermore, the
background to that jurisprudence concerns criminal matters, whose prosecution does
not in, most cases, have a prescription of time limit. In the instant case, the
Respondents` cause of action was clearly the alleged infringement of Partner States’
Treaty obligations – a matter which lies outside the province of human rights and the
realm of criminal law.
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