Standing, Enforcement and Remedies Flashcards
When it comes to legal remedies, domestic courts are not to be separated from what the CJEU does
Article 19 TFEU
If it has a legal effect, It may be challenged
Commission v Council (Re European Road Transport Agreement)
Only whole measures can be challenged, not just one part of it
IMB corp
Measures need to give rise to a distinct legal change in order to be challenged
Schindler
Applicants who may challenge
- Privileged
- Semi-Privileged
- Non-privileged
Privileged applicants
May Challenge any EU measure and without a standing requirement
e.g. member states, parliament, council, commission
Semi-Privileged applicants
May challenge any EU measure without a standing requirement, but only in terms of those measures that affect their prerogative.
e.g. court of auditors, ECB and Committee of Regions
Non-Privileged applicants
The need to meet standing requirements
e.g. private individuals
The rights of non-privileged applicants
Article 263 distinguishes between three types of circumstance
- An act against themselves
- An act addressed to themselves
- An act addressed to someone else.
An act addressed to themselves
and act that legal affects you.
It is presumed that you have an interest in challenging it so no standing requirements.
An act addressed to someone else
Two requirements:
1. individual concern (closed class - no one could join in)
2. Direct Concern - Direct impact by a decision (i.e. no discretion of a government in implementation)
Need to show an interest in challenging a measure
Individuals can only challenge a measure if ‘the decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from al other persons and by virtue of these facts distinguishes them individually concerned
Plaumann
Exporters who had already entered into contracts that exceeded a new quota on cotton imports were a closed group and therefore individually concerned
Piriaki-Piriaki
Direct concern is applicable if that decision ‘constitutes a complete set of rules which are sufficient in themselves and which require no implementing provision
Les Verts
Persons may only contest a provision of individual concern if ‘it affects them by reason of certain attributes which are peculiar to them or by reason of circumstance in which they are differentiated from all other persons
Codorniu
A potentially open group cannot be considered
Buralux
If an individual does not have the right to challenge an EU law,
They can challenge it once it becomes part of national law in domestic courts.
A person should be considered individually concerned where: ‘by reason of his particular circumstances, the measure has, or is liable to have, a substantial adverse effect on his interests’.
Advocate General Jacobs
Union de Pequenos Agricultores
Court rejected Advocate General Jacobs in Union de Pequenos Agricultores
Kept to Plaumann
‘if we apply an individual right to challenge directly then we could have to abolish the individual requirements, which we cannot do’.
A ‘regulatory act which is of direct concern to them and does entail implementing measures
Art 263
- don’t need to worry about individual concern, only about direct concern within regulatory acts.
What does a regulatory act entail
Inuit:
‘regulatory acts define any kind of act which has not been adopted on the basis of legislative procedure’
Lisbon Treaty Changed Art 263
- Made it easier for individuals to challenge
- The relationship between Art 263 and 267 (Preliminary references)
Lisbon: individuals challenging
Introduced the possibility of challenging regulatory measures
- before Lisbon individuals could only challenge decisions.
Lisbon: Art 263 and 267 (preliminary references)
- the right to challenge Union measures in domestic courts is not unlimited
- Can only challenge if you do not have standing to challenge that measure in the Union courts.
