power, or that violate a rule of law, understood as any principle of law or constitutional,
legislative, regulatory or contractual norm.”263 Based on the foregoing and other
probative elements in the body of evidence, the Court observes that, using the appeal
for annulment, the alleged victims could request a review of the way in which the
administrative body had applied the requirements established in article 31 of Law
17,613, arguing that it was contrary to the provisions of the said article, or of any other
legal norm or principle. The judgments submitted to this Court reveal that the
Contentious-Administrative Tribunal did not waive its jurisdiction to decide any of the
allegations and arguments presented in these cases.
209. The representatives argued that most of the alleged victims did not seek to have
the administrative decisions annulled by the Contentious-Administrative Tribunal,
“because they did not consider it to be an effective remedy,” since its ruling could only
annul the contested decision, but “would not have resulted automatically in the inclusion
of the depositor among those protected,” which would have required another procedure
before the Central Bank (supra para. 197). For its part, the State explained that
“[b]ased on the characteristics of this matter, an annulment by the ContentiousAdministrative Tribunal would entail full satisfaction of the petitioners’ interests, because
it would not only extinguish the ruling that denied the claim (extinctive effect), but it
would oblige the Central Bank of Uruguay (positive effect of the annulled res judicata) to
recognize the person whose case was successful as a depositor of the Banco de
Montevideo S.A. with the same rights as the other depositors.”
210. In this regard, it is relevant to emphasize that the European Court has considered
that the remedy is effective if there has been adequate judicial review, even when the
judicial body was not empowered to analyze all aspects of an administrative decision,
but was competent to annul the said decision under different hypotheses, including an
erroneous interpretation of the facts or the law.264 The Inter-American Court has also
ruled on a case in which the available judicial remedy was an appeal for annulment,
finding that it was appropriate to protect the rights that had allegedly been violated in
the said case.265
211. Consequently, the Court finds that, in the instant case, the appeal for annulment
could have been an effective remedy, to the extent that the annulment of the
administrative decision would have protected the alleged victims from the decision that
violated their rights. In the instant case, for the appeal for annulment to be effective, it
would have had to result in both the annulment of the decision, and also the consequent
determination or, if appropriate, recognition, of the rights established under article 31 of
Law 17,613. The only case that was decided favorably by the Contentious-Administrative
Tribunal was that of two people who are not alleged victims in the instant case and,
although the judgment was provided, no information was forwarded on the
consequences of the annulment of the administrative decision in relation to the
recognition of the rights granted by article 31 of Law 17,613.
212. The Court does not have the necessary elements to analyze whether, the
execution of a judgment deciding an appeal for annulment, specifically related to the
application of article 31 of Law 17,613, would have been ineffective. This could have
occurred if it merely annulled the administrative decision and failed to determine or
recognize the rights established in the said article.
263
Decree Law 15,524, entitled “Regulatory framework. Administrative Tribunal” (file of attachments to
the answer, volume I, attachment 15, folio 13011).
264
Cf. ECHR, Case of Sigma Radio Television Ltd. v. Cyprus, supra note 256, paras. 156-159.
265
Cf. Case of Reverón Trujillo v. Venezuela, supra note 15, para. 81.
81