7. Judicial Review of EU Acts
7.1.1. Action of Annulment I: Admissibility
Action of annulment
Art. 263 Admissibility
TFEU 1. time limit Direct concern Individual concern
consequence: - within two months (Art. 263(6) TFEU) 1. direct causal link between Plaumann formula: ‘certain attributes which
act concerned - calculated from 14th day after publication (Art. act and damage are peculiar to them or by reason of
becomes void 81(1) Rules of Procedure of ECJ) (International Fruit) circumstances in which they are differentiated
(Art. 264 2. reviewable acts - no discretion in from all other persons’
TFEU) - measures intended to produce legal effects (Art. implementing the supplementation of Plaumann
263(1) TFEU) measure for Member 1. distinction between open and closed
- definitive measure bringing about change in States (Piraiki-Pitraiki) categories (Campina)
applicant’s legal position (IBM) 2. change of legal situation - closed group affected differently than
3. passive standing of applicant through affect others: membership fixed and cannot be
- Council, Commission, EP, ECB, bodies and on legal entitlement added to
agencies of EU - interest must be legally 2. Codorniu case: Codorniu had protected name
4. active standing protected (Front crement as trademark, which is why he was
a) privileged applicants (Art. 263(2) TFEU) National) distinguished by everybody else using that
b) semi-privileged applicants (Art.263(3) TFEU) name
c) non-privileged applicants (Art. 263(4) TFEU) 3. fixed group granted certein procedural
(1) act is addressed to applicant safeguards
(2) act is of direct and individual concern - even if otherwise open group
(3) regulatory act is of direct concern without very hard to establish!
implementing measures interest groups individually concerned if
- non-legislative acts delegated and a) procedural rights (ANB)
implementing acts b) members individually concerned
- Member States do not have to adopt an act (Greenpeace)
anymore c) recognized by EU as central interlocutor of
particular interests (Greenpeace)
7.1.1. Action of Annulment I: Admissibility
Action of annulment
Art. 263 Admissibility
TFEU 1. time limit Direct concern Individual concern
consequence: - within two months (Art. 263(6) TFEU) 1. direct causal link between Plaumann formula: ‘certain attributes which
act concerned - calculated from 14th day after publication (Art. act and damage are peculiar to them or by reason of
becomes void 81(1) Rules of Procedure of ECJ) (International Fruit) circumstances in which they are differentiated
(Art. 264 2. reviewable acts - no discretion in from all other persons’
TFEU) - measures intended to produce legal effects (Art. implementing the supplementation of Plaumann
263(1) TFEU) measure for Member 1. distinction between open and closed
- definitive measure bringing about change in States (Piraiki-Pitraiki) categories (Campina)
applicant’s legal position (IBM) 2. change of legal situation - closed group affected differently than
3. passive standing of applicant through affect others: membership fixed and cannot be
- Council, Commission, EP, ECB, bodies and on legal entitlement added to
agencies of EU - interest must be legally 2. Codorniu case: Codorniu had protected name
4. active standing protected (Front crement as trademark, which is why he was
a) privileged applicants (Art. 263(2) TFEU) National) distinguished by everybody else using that
b) semi-privileged applicants (Art.263(3) TFEU) name
c) non-privileged applicants (Art. 263(4) TFEU) 3. fixed group granted certein procedural
(1) act is addressed to applicant safeguards
(2) act is of direct and individual concern - even if otherwise open group
(3) regulatory act is of direct concern without very hard to establish!
implementing measures interest groups individually concerned if
- non-legislative acts delegated and a) procedural rights (ANB)
implementing acts b) members individually concerned
- Member States do not have to adopt an act (Greenpeace)
anymore c) recognized by EU as central interlocutor of
particular interests (Greenpeace)
