Action for annulment

Question 1

Act of which bodies are admissable for action for annulment?

Answer 1

• The Council
• The Commission
• The EP
• The european council
• the ECB
• acts of other institutions if legal effect against third parties.

Question 2

Which acts are reviewable (for annulment)?

Answer 2

• Regulation, Directives, Decisions (not treaty)
• every act that has binding effect (when it brings obligations to third parties)

Question 3

What is the time limit for filing a case for annulment?

Answer 3

• within 2 months of publication of the measure, notification of plantiff, day of which it came to knowledge for plantiff.

Question 4

What are privileged applicants, and what are the conditions to bringing action to annulment?

Answer 4

• Memberstates, the Council, COMM, EP
• TFEU does not impose further conditions on bringing action for annulment.

Question 5

What are semi-privileged applicants, and what are the conditions to bringing action to annulment?

Answer 5

• Court of Auditors, ECB, Comittee of the regions
• They can only challenge union acts when their own interests are clearly affected.

Question 6

Who are non-privileged applicants?

Answer 6

all natural persons, not in privileged or semi-privileged category

Question 7

non-privileged applicants

When does a non-privileged applicant need to prove Direct and Induvidual concern? (plaumann case)

Answer 7

1. (scenario 2) when act is addressed to another person (plaumann case).
2. (scenario 3) an act is of general application.

Question 8

How to prove direct concern?

Answer 8

1. Direct link or chain of causation between act an damages of applicant.
2. Measure should leave no discretion to body implementing it - other wise applicant is affected by application of act not act itself.

Question 9

How to prove induvidual concern?

Answer 9

Plaumann case;
* applicant must show existence of factors that distinguish him/her uniquely.
* applicant must be in ‘closed category of people’.

Question 10

What are examples of induvidual concern?

Answer 10

-applied for licenses
-expert refunds
-pending contracts
-goods in transit
-has a specific right (broadcasting rights)

Question 11

When does a non-privileged applicant need to prove Direct concern only?

Answer 11

lisbon treaty- art. 263 tfeu:
* Act is regulatory act and does NOT entail implementing measure
- act did not go through S/OLP
- example- delegated and implementing acts of COMM.

Question 12

What are grounds for annulment?

Answer 12

1. Lack of competence/ authority
2. Misuse of powers
3. infringement of essential procedural requirement
4. infringement of treaties or others