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EU Law > Judicial Review by the CJEU > Flashcards

Judicial Review by the CJEU Flashcards

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1
Q

Governing provision for the action for annulment

A

Art 263 TFEU

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2
Q

ERTA

A

Art 263 TFEU: ‘Acts’

Measures adopted by the institutions that are intended to have legal effects

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3
Q

IBM v Commission

A

Art 263 TFEU: ‘Acts’

To have legal effects the act must bring about a distinct change in the legal position of the applicant
Legal position= rights and obligations

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4
Q

Bangladesh Aid

A

Art 263 TFEU: ‘of the institutions, bodies and agencies of the EU’

Agreement between national government ministers made to provide aid to Bangladesh in the break of a Council meeting
Held this was not an act of the council- the ministers were not acting in their capacity as members of the council
In determining if an act is one of an institution etc the CJEU will look at the substance of the measure rather than the form.

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5
Q

Time limit to institute proceedings under Art 263 TFEU

A

within 2 months of the publication of the measure, or its notification to the plaintiff, of the day on which to came to the knowledge of the plaintiff’

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6
Q

Locus Standi: Privileged Applicants

A

A Member State,
the European Parliament,
Council,
the Commission

Have unlimited, automatic legal standing to review proceedings or challenge the legality of reviewable acts

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7
Q

Locus Standi: Semi-Priveledged Applicants

A

Court of Auditors
European Central Bank
Committee of the Regions

Actions must be brought for the purpose of protecting their prerogatives
e.g their role, position, competencies within the EU legal order.

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8
Q

Locus Standi: Non-Priveledged Applicants

A

‘Any natural or legal person’
Act must be addressed to them, or be of direct and individual concern to them.
A regulatory act of direct concern must not entail implementing measures

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9
Q

The Dreyfus Test

A

Locus Standi: Non-Priveledged Applicants
Direct Concern

Union measure must directly affect the legal situation of the individual
Must leave no discretion to the addresses of the measures entrusted with implementing it

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10
Q

Plaumann v Commission

A

Locus Standi: Non-Priveledged Applicants
Individual Concern

Must demonstrate characteristics that set them apart from other natural legal persons in the same situation
Must be a member if a ‘closed class’ of persons

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11
Q

International Fruit Co

A

Locus Standi: Non-Priveledged Applicants
Individual Concern

If a category of persons to whom a regulation applies is a closed class, court is more likely to find measure is actually a decision:
Regulation establishing rules for granting/refusing import licences for apples into the EU
Was held to be in truth a bundle of decisions in response to previous applications for such licenses.

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12
Q

European Environment Bureau v Commission

A

Locus Standi: Non-Priveledged Applicants
Individual Concern

The mere form of a measure is not enough to exclude judicial protection
In certain circumstances directives and regulations may be of direct and individual concern

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13
Q

Inuit Tapiriit

A

Locus Standi: Non-Priveledged Applicants
Regulatory Act

Encompasses only non-legislative acts i.e delegated acts of general application

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14
Q

Greenprace

A

Group Locus Standi Test

Procedural powers
Induvidual concern
Negotiating role before EU institutions

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15
Q

4 Grounds for JR

A
  1. Lack of competence
  2. Infringement of an essential procedural requirement
  3. Infringement of the treaties or any rule of law relating to their application
  4. Misuse of powers
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16
Q

Spain v Commission

A

Grounds for JR: Infringement of a right of process

Duty to provide reasons: Reasons need be no more detailed than required for that purpose

17
Q

Consten and Grundig

A

Grounds for JR: Infringement of a right of process
Right to a hearing

Encompasses obligation on the institution to make its case known to the party concerned, and the right of that party to reply

Does not encompass right to be notified of the final position the administration intends to adopt

18
Q

Holland Malt

A

Grounds for JR: Infringement of a right of process
The principle of sound administration

Institutions must act in good faith:
Give due consideration to all arguments, show the basis for the decision, be proactive in procuring information

Institutions must exercise powers within a reasonable period of time
Reasonableness will be assessed in relation to the particular circumstances of each case e.g background, complexity

19
Q

Branco

A

Grounds for JR: Infringement of the treaties or any rule of law relating to their application
Must conform to
Procedural requirements:
Legitimate expectations

Will be created by precise, unconditional, consistent assurances .
Expectation would be created in the mind of an ordinary and prudent trader (objective)
Must have the legal competence to do what they say they are going to do

20
Q

Fedesa

A

Grounds for JR: Infringement of the treaties or any rule of law relating to their application
Must conform to
Procedural requirements:
Proportionality

  1. suitable
  2. necessary
  3. excessive effect
    Institutions actions must be manifestly inappropriate
21
Q

Art 8 Protocol No 2

A

Grounds for JR: Infringement of the treaties or any rule of law relating to their application
Must conform to
Procedural requirements:
Subsidiarity

gives specific route for JR if national parliament’s pre-legislative opinions are not followed

22
Q

Tetra Level

A

Grounds for JR: Misuse of Powers (manifest error of assessment)

Court will look at whether the outcome is plausible based on the evidence provided
Evidence must be:
1. accurate
2. reliable
3. consistent
4. sufficiently complete
23
Q

Sermes

A

Grounds for JR: Misuse of powers

Has the power been adapted to achieve purposes other than what it was intended?
Based on objective, relevant and consistent indications
Test is subjective

24
Q

Provisions governing the outcome of a successful applications

A

Art 264, 266 TFEU

25
Q

Provision governing failure to act

A

Art 265 TFEU

26
Q

Audi

A

Grounds for JR: Infringement of a right of process
Right to a hearing

Does not encompass right to be notified of the final position the administration intends to adopt

27
Q

Oliviera

A

Grounds for JR: Infringement of a right of process
The principle of sound administration

Institutions must exercise powers within a reasonable period of time
Reasonableness will be assessed in relation to the particular circumstances of each case e.g background, complexity

28
Q

Provision allowing actions concerned with compensation for damage caused by an institution in the performance of its duties, rather than annulment

A

340(2) TFEU

29
Q

Scoppenstedt

A

Damages against the union: Formula for the application of art 340(2)

Must be a ‘sufficiently flagrant violation’

EU Law (11 decks)

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