enforcing application of EU law

Question 1

what is an action for annulment

Answer 1

legal procedure brought before the Court of Justice to review the legality of acts adopted by the European institutions, bodies, offices or organisations

Question 2

what kind of acts can action for annulment be brought against

Answer 2

• all legal acts regardless of form

- acts adopted by council, commission, central bank, parliament etc

Question 3

what is excluded from action for annulment

Answer 3

review of opinions and recommendations

Question 4

what are grounds of action for annulment

Answer 4

• lack of competence
• infringement of essential procedural requirements
• infringement of treaties
• misuse of power

Question 5

what are the two lack of competences for action for annulment

Answer 5

• breach of principle of conferral

- overstepping into powers of another eu institution

Question 6

preferential plaintiffs? why?

Answer 6

member States, the Commission, the European Parliament and the Council
- they may bring an action for annulment before the CJEU without having to demonstrate any interest in taking action.

Question 7

non preferential plaintifs in action for annulment

Answer 7

individuals

- have to demonstrate interest in action

Question 8

Codorniu v Council

Answer 8

had been using trade mark for long time – follows that had established interest in action

Question 9

how much time to bring action for annulment

Answer 9

2 months

Question 10

what happens if action for annulment is well founded

Answer 10

CJEU may annul the act in its entirety or certain provisions only. The annulled act or provisions shall therefore no longer have legal effect. Moreover, the institution, body, office or organisation which adopted the act is required to fill the resulting legal void in accordance with the judgment delivered by the CJEU

Question 11

what is action for infringement

Answer 11

Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law

Question 12

what happens in an action for infringement

Answer 12

Court of Justice, which in certain cases, can impose financial penalties

Question 13

what is a preliminary ruling

Answer 13

decision of the European Court of Justice on the interpretation of European Union law, given in response to a request from a court

Question 14

two types of preliminary ruling

Answer 14

interpretation, validity

Question 15

binding effect of preliminary ruling

Answer 15

general finding force in EU. obliges to all states and judges in EU
- guarantees uniform application

Question 16

discretionary preliminary ruling

Answer 16

Those judges who are not supreme court (their rulings may be revised by superior judge) have right to pose a preliminary ruling before the court of justice if they consider it a necessary step
- most judges can interpret EU law by themselves

Question 17

compulsory preliminary ruling

Answer 17

where question is raised in the supreme court of member states, those which rulings are not susceptible to being revised by superior court, these courts have to pose preliminary ruling

Question 18

most judges can interpret eu law by themselves, except…

Answer 18

court of justice recognized that national judges cannot by themselves decide that a norm by the EU is invalid

• judges of EU are authorized to recognize that a norm of EU is valid, but not the other side. CANNOT by themselves, without having asked the EU, decide that EU law is invalid
• power to conclude invalidity of EU law belongs exclusively to the court of justice