| 31989L0665 - Remedies Classic (1st generation) | Article 2.5 |
| 5. The Member States may provide that where damages are claimed on the grounds that a decision was taken unlawfully, the contested decision must first be set aside by a body having the necessary powers. |
| 31992L0013 - Remedies Utilities (1st generation) | Article 2.1.3 |
| Where damages are claimed on the grounds that a decision has been taken unlawfully, Member States may, where their system of internal law so requires and provides bodies having the necessary powers for that purpose, provide that the contested decision must first be set aside or declared illegal. |
