The Litigation to Revoke an Administrative Act after the Collective Foodborne Disease in Japan
The plaintiff was sanctioned by the accused to cease trading for fourteen days according to paragraph 55 Food Sanitation Act because of breaking paragraph 6 of the same law. After the period of ceasing trading, the plaintiff held a litigation to revoke the administrative sanction, arguing that the restriction to the trader should accordingly be lifted, since the range of danger has been clarified. Therefore when the responsibility belonged to the company T instead of the plaintiff, the administrative sanction to cease trading should be revoked to avoid the disadvantage in the future. Wakayama District Court insisted however that though the period of ceasing trading had been completed, the administrative sanction which might cause the aggravated sanction had legal interest. Besides, it didn’t match the requirement according to Administrative Procedure that no reason had been written down on the sanction as an official document. The argue the plaintiff held was reasonable and the administrative sanction should be revoked consequently.