Condition of Interest in Annulment Actions

Abstract

Interest is considered a fundamental condition for the admissibility of the annulment action, in accordance with the legal principle: “Where there is no interest, there is no action.” This applies regardless of whether the claimant possesses a personal right. The requirement aligns with the objective nature of the annulment action, which seeks to achieve two types of interests: a public interest related to the rule of law, and a private interest belonging to the claimant. If the latter ceases to exist for any reason, the public interest remains.
Any person to whom the law grants the right to litigation — whether an individual, a group of individuals, or a legal entity, public or private — may initiate such an action.
Accepting the action merely based on the existence of an interest, without a corresponding right, reflects a degree of leniency by both the legislature and the Supreme Court. The action need not be founded on a violated right caused by the administrative decision, as in a compensation claim. This leniency also appears in the types of interests permitted — whether material, moral, current, or certain to occur — and in the fact that the interest need not persist until the final judgment. This is consistent with the nature of the annulment action, whose purpose is to annul administrative acts contrary to legality. Nevertheless, the law stipulates that the interest must be personal and direct for the claim to be admissible.