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TITLE 【Syllabus of Latest Opinion】 Supreme Court Decision 2019Du49953 Decided April 9, 2020 【Revocation of Disposition Making Changes to Ferry Business Permits】 [full Text]
Summary
[1] In a case where a dispositive authority ex officio revoked an administrative disposition subject to legal dispute during the pendency of a lawsuit seeking confirmation of invalidation of the administrative disposition or a lawsuit seeking revocation of the administrative disposition, whether an appellate lawsuit against the said disposition is lawful (negative in principle)
Cases where a benefit of lawsuit seeking revocation of a disposition is recognized on an exceptional basis despite the dispositive authority’s ex officio revocation
[2] In a case where there is a subsequent disposition amending the content of a preceding disposition, whether the preceding disposition remains valid
[3] In a case where a law that serves as a basis for a beneficial administrative disposition, such as granting permits or giving approval and authorization, is intended to prevent business management going awry followed by excessive competition among relevant business entities, whether an existing business entity which runs a business operation upon obtaining a beneficial administrative disposition, such as permits or approval and authorization, has a benefit of lawsuit seeking confirmation of invalidation or revocation of a beneficial administrative disposition (i.e., permit, approval and authorization) on competing business entities (affirmative)
In a case where an administrative disposition made against a competing business entity is disadvantageous to the competing business entity, whether an existing business entity has a benefit of lawsuit seeking confirmation of invalidation or revocation of the said administrative disposition (negative in principle)
[4] In a case where a judgment revoking an administrative disposition becomes final and conclusive, the responsibility of an administrative authority in accordance with res judicata of a revocation judgment
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