L6: Judicial protection part 2

Question 1

Key features appeal for annulment

Answer 1

• The appeal is aimed at acts from EU institutions. For example: Decisions, Regulations, Directives. For annulment
• If the act is annulled, it is non-existent in legal terms.
• Parties that may bring an action for annulment are:
• • Privileged parties
• • Semi-privileged parties
• -Non-privileged parties

Question 2

name the 4 review grounds that the court looks by Appeal for annulment?

Answer 2

1 lack of competence (incorrect legal basis),

(2) infringement of an essential procedural requirement,
(3) infringement of the Treaties or of any rule of law relating to their application
(4) misuse of powers.

Question 3

what is locus standi?

Answer 3

Is the claim admissible? (You have formal access to the procedure)

Question 4

who are the privileged parties?

Answer 4

Member States and the EU institutions. They are privileged, so there are no special requirements for Locus Standi

Question 5

who are the semi privileged parties?

Answer 5

ECB, Committee of the Regions, Court of Auditors, who can only get Locus Standi to protect prerogatives, which means that the case concerns their own interest.

Question 6

who are the non privileged?

Answer 6

natural and legal persons. They have certain conditions to have Locus Standi.

Question 7

when do individuals have access?

Answer 7

In terms of direct and individual concerns. this means the act is addressed to them. Individuals may also have access is the act is not addressed to them but of direct and individual concern to them.

Question 8

when is there direct concern and which case?

Answer 8

Requires that the contested measure must affect the legal situation of the individual directly and must leave no discretion of addressees of the measure, who are entrusted with the task of implementing it.

Differdange Case.

Question 9

when is there individual concern and cases?

Answer 9

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 are differentiated from all other persons and by virtue of these factors distinguishes them individually just as in the case of the person addressed.

Plaumann, Toepfer, and Piraiki-Patraiki.

Question 10

Failure to act procedure

Answer 10

• If EP, European Council, Council, Commission or ECB or other bodies and agencies of the Union fail to act. This means that they should have done something (impose a fine for example) but have not done so.
• Member States, the Institutions, individuals may first ask the Institution to define its position (administrative stage) and if the institution has not done so, the action can be brought to the CoJEU (judicial stage).
• This procedure is not often used, mainly because it is very hard to prove the existence of a clear and well-defined and enforceable obligation to act.