Direct Action Flashcards
TFEU
A19(1) - EU Courts ensure law is observed
A267 - Decentralised Enforcement (National Courts)
A258- Infringement Action
- Commission discretionary powers - bring matter to ECJ - decide if MS is in breach
A259- Interim Measures
-Irreversible damage OR exceptionally urgent
A260- Action
- MS fails to comply with judgement - Commission can take further action
- Court may impose fine - lump sum or PP
- Comm may request penalties in first judgement - failure to implement D
A263- JR
- Review legality of: Legislative Acts // Acts of Council, Commission // Acts of EP// Acts of bodies producing legal effects vis-a-vis third parties
- Grounds: lack of competence// infringement of essential procedural requirement// infringement of T// misuse of powers
(4) -Standing: act addressed to that person OR direct and individual concern to them // regulatory act which is of direct concern and does not entail implementing measures
Cannot be referred:
- Common foreign and security policy: A275
- Freedom, security and justice: A276
Commission v Ireland
Key Words: Infringement Actions
Facts: Waste disposal.
Ratio: In breach of obligations by failing to respond to a request for information in relation to waste operations - no co-operation in good faith
Commission v France
Key Words: Infringement Actions + Damages
Facts: Fr failed to carry out controls of fisheries - failed to comply with judgement of ECJ
Ratio: Inadequacy of action taken = both penalty payment and lump sum
Kadi
Key Words: Action in Annulment
Facts: Assets frozen -associated with terrorist organisation
Ratio: Competent to review jus cogens - effectiveness of JR
Plaumann
Key Words: Action in Annulment; Direct and Individual Concern
Facts: Commission refused to authorise Gr to suspend in part custom duties on mandarins
Ratio: Affected by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from other persons
Union de Pequenos Agricultores
Key Words: Action in Annulment, Direct and Individual Concern
Facts: Directive on common organisation of markets in oils and fats - discounted aid to small producers
Ratio: Not concerned directly and individually- criteria interpreted in light of effective protection but cannot have effect of setting aside condition
Piraiki-Patraiki
Key Words: Actions in Annulment; Direct and Individual Concern
Facts: Authorisation to impose a system of quotas on imports from Greece
Ratio: Direct concern -Cannot affect appellant without implementing measures? - no doubt as to intent of Fr to make use of discretion
Individually concerned - limited group of traders
Inuit
Key Words: Action in Annulment; Regulatory Act
Facts: Annulment of regulation on trade in seal products
Ratio: Regulatory acts differ from legislative acts - purposive approach
Plaumann applied - substantial adverse effect = not of individual and direct concern
IBM v Commission
Key Words: Action in Annulment; Measures (Preparatory)
Facts: Commission statement of objection to abuse of dominant market position - informed they will initiate proceedings
Ratio: Purely preparatory character = cannot be the subject of an action
Front National
Key Words: Action in Annulment, Direct Concern
Facts: Tried to form EP political party - only EP MPs can do this
Ratio: No direct effects - implementation purely automatic
NB - Las Verts - of direct concern because no further measure was necessary
