Action for annulment

Question 1

Where?

Answer 1

1. Art. 256 TFEU - Normally GC
2. Unless art. 51 Protocol 3 is applicable (MS v. EP or Council or between 2 EU institutions) - Court of Justice will rule

Question 2

Admissibility

Answer 2

1. Within 2 months:
   - From publication in the official journal + 14 days
   - From notification of the applicant
   - From the moment it came to the knowledge of the applicant
2. Reviewable act:
   - All acts which intend to produce legal effect against 3rd parties
   - Or legislative acts
   - Reviewable - Regulations, directives, decisions…
   - Non-reviewable - Opinions, recommendations, proposals
3. Whom? Non-privileged applicants:
   - Addressed to the applicant
   - Direct + individual concern
   - Only for regulatory acts (= implemented or delegated act), you need direct concern and no implementing measures (= no other act which you can challenge)
   - For interest groups - Check direct (and individual concern depending on the alternative) for each member /or/ if the own interests of the association are affected /or/ legislation provision gives procedural powers (it says so in the legislation itself)
4. Against whom? EU institutions
5. For what? Grounds from 263(2)

Question 3

Grounds

Answer 3

1. Lack of competence
2. Infringement of a procedural requirement
3. Infringement of the Treaties or the rule of law
4. Misuse of power

Question 4

Consequences

Answer 4

1. Act is void (art. 264 TFEU)
2. Necessary measures must be taken to comply with the judgement (266 TFEU)
3. Damages (340 TFEU)

Question 5

What is direct concern?

Answer 5

1. Act directly affects the legal situation of the applicant

2. No discretion from MS

Question 6

What is individual concern?

Answer 6

Plaumann: Íf an act affects certain persons by virtue of certain attributes which are peculiar to them or due to certain circumstances which differentiate them from all other persons