Actions For Annulment

Question 1

Commission v Council (Re European Road Transport Agreement) 1991

Answer 1

CJEU found that the status of the act depends on the circumstances of the people responsible and the purpose

Question 2

IBM w Commission 1981

Answer 2

it doesn’t matter what form the action takes, but it has to adversely affect the interest of a 3P by bringing about a distinct change in that party’s legal position

Question 3

Plaumann v Commission 1963

Answer 3

Plaumann test developed: persons other than those to whom a decision is addressed may only claim to be individually concerned if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they differentiated from all other persons and by virtue of these factors distinguished them individually just as in the case of the person addressed

Question 4

Piraiki-Pataraiki v Commission 1985

Answer 4

where the applicants can prove at the time of adoption of the measure that they belong to class of persons that is completely closed, they will meet the requirement of individual concern