Article 263 Flashcards
What is article 263 TFEU
CJEU power of judicial review
Who can CJEU review
All institutions mentioned in topic 3
Grounds for JR
- lack of competence
- infringement of an essential procedure requirement
- infringement of the treaties or their application
- misuse of powers
Time-limit for JR
2 months from date of application
Types of reviewable act
legislative, regulator, anything intended to produce legal effect
Locus standi meaning
standing for EU JR
3 categories of valid applicant
privileged
semi-privileged
non-privileged
Privileged applicant definition
- member states
- EP
- Council
- Commission
Semi-privileged applicant definition
- court of auditors
- European Central Bank
- Committee of the regions
Non-privileged applicant definition
individual natural or legal person
Important distinction for non-privileged applicants
Was the offending act addressed to them
2 conditions of successful non-privileged applicant who act was not addressed to
1) direct and individual concern
2) doesn’t entail implementing measures
Authority for direct and individual concern
International Fruit NV v Commission - particularly affected
Where does the 2 month time-limit apply
2 months after…
- publication of measure
- notification to body
- day body became aware
Result of a successful action for annulment
act is declared void
