“An illegal act, susceptible of annulment, does not always give the right to repair”, comments on the judgment of the Supreme Court, 04-26-2021, Rol 85.305-2020

Abstract

The purpose of this paper is to comment on the Supreme Court decision of April 26, 2021, Rol 85.305-2020. In particular, to criticize the current understanding of the Administration’s liability and the lack of service as an imputation factor, taking into account that such understanding allows the existence of activities of the Administration that, although causing damages, do not entail responsibility for the Administration or the obligation to repair them, as in the case of administrative acts declared illegals.