Plea of illegality, action for failure to act and EU liability

Question 1

Plea of illegality

Answer 1

1. Must be done in conjunction with an action for annulment (so following the same reauirements from 263 TFEU)
2. To challenge the parent act via the daughter act
3. You have to show that you could not have locus standi (for something else than the 2 months period)
4. Consequence - The daughter act will be annulled

Question 2

Action for failure to act

Answer 2

1. Clear obligation to act
2. Against whom? The EU
3. Brought by? Non-privileged applicants:
   - The EU should have addressed the act to that person but did not
4. Procedure?
   - The institution is called upon to act within 2 months
   - Otherwise, action goes through

Question 3

EU liability

Answer 3

Bergaderm case

1. Who? MS and natural and legal persons
2. When? Within 5 years
3. Criterion? Same as MS liability:
   - 1st - Provision confers rights
   - 2nd - Breach is sufficiently serious (Is there discretion? No = Simple breach suffices // Yes = more difficult to establish)
   - 3rd - There is a direct causal link between the breach and the damages
4. Court of Justice will rule