Standing, Enforcement and Remedies

Question 1

When it comes to legal remedies, domestic courts are not to be separated from what the CJEU does

Answer 1

Article 19 TFEU

Question 2

If it has a legal effect, It may be challenged

Answer 2

Commission v Council (Re European Road Transport Agreement)

Question 3

Only whole measures can be challenged, not just one part of it

Answer 3

IMB corp

Question 4

Measures need to give rise to a distinct legal change in order to be challenged

Answer 4

Schindler

Question 5

Applicants who may challenge

Answer 5

• Privileged
• Semi-Privileged
• Non-privileged

Question 6

Privileged applicants

Answer 6

May Challenge any EU measure and without a standing requirement
e.g. member states, parliament, council, commission

Question 7

Semi-Privileged applicants

Answer 7

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

Question 8

Non-Privileged applicants

Answer 8

The need to meet standing requirements

e.g. private individuals

Question 9

The rights of non-privileged applicants

Answer 9

Article 263 distinguishes between three types of circumstance

1. An act against themselves
2. An act addressed to themselves
3. An act addressed to someone else.

Question 10

An act addressed to themselves

Answer 10

and act that legal affects you.

It is presumed that you have an interest in challenging it so no standing requirements.

Question 11

An act addressed to someone else

Answer 11

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

Question 12

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

Answer 12

Plaumann

Question 13

Exporters who had already entered into contracts that exceeded a new quota on cotton imports were a closed group and therefore individually concerned

Answer 13

Piriaki-Piriaki

Question 14

Direct concern is applicable if that decision ‘constitutes a complete set of rules which are sufficient in themselves and which require no implementing provision

Answer 14

Les Verts

Question 15

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

Answer 15

Codorniu

Question 16

A potentially open group cannot be considered

Answer 16

Buralux

Question 17

If an individual does not have the right to challenge an EU law,

Answer 17

They can challenge it once it becomes part of national law in domestic courts.

Question 18

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’.

Answer 18

Advocate General Jacobs

Union de Pequenos Agricultores

Question 19

Court rejected Advocate General Jacobs in Union de Pequenos Agricultores

Answer 19

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’.

Question 20

A ‘regulatory act which is of direct concern to them and does entail implementing measures

Answer 20

Art 263

- don’t need to worry about individual concern, only about direct concern within regulatory acts.

Question 21

What does a regulatory act entail

Answer 21

Inuit:

‘regulatory acts define any kind of act which has not been adopted on the basis of legislative procedure’

Question 22

Lisbon Treaty Changed Art 263

Answer 22

• Made it easier for individuals to challenge

- The relationship between Art 263 and 267 (Preliminary references)

Question 23

Lisbon: individuals challenging

Answer 23

Introduced the possibility of challenging regulatory measures
- before Lisbon individuals could only challenge decisions.

Question 24

Lisbon: Art 263 and 267 (preliminary references)

Answer 24

• 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.

Question 25

If you can do something directly in front of EU courts then you cannot do it indirectly in domestic courts.

Answer 25

TWD

Question 26

Conditions for associations to challenge Union measures

Answer 26

Federolio

• where a legal provision expressly grants associations procedural rights
• Where the association represents the interests of those who were entitled to bring proceedings in their own right.
• Where the association’s position as negotiator is affected by the measure which it seeks to have annulled.

Question 27

General and collective interest are not sufficient to establish admissibility for an action of annulment brought by associations.

Answer 27

Markku Sahlstedt

Question 28

Time limits for bring proceedings are determined by public policy and not by the discretion fo the courts

Answer 28

Mutual Aid Administration Services

Question 29

Art 264

Answer 29

• if the action is well founded, the CJ wil declare the act void
• In the case of a regulation, the CJ will consider which effects of the regulation are to be declared void.

Question 30

Actions Against Member States

Answer 30

Enforced by:
- individuals before national courts applying the concepts of vertical direct effect, indirect effect and/or state liability.
The EU Commission under Art 259 TFEU
- Other MSs and/or the Commission under Art 259 TFEU

Question 31

Actions Against EU Institutions

Answer 31

Enforced by

• MS’s, other institutions and individuals before the CJEU under 263 or 265
• Certain individuals may indirectly challenge the validity of secondary legislation using Art 267
• Certain individuals may bring actions for non-contractual damages before the CJEU against institutions and their staff under art 340

Question 32

Actions against individuals

Answer 32

May be brought by:

- other individuals before national courts applying the concepts of horizontal direct effect and/ or indirect effect