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Flashcards in Direct Action Deck (10):
1

TFEU

A19(1) - EU Courts ensure law is observed

A267 - Decentralised Enforcement (National Courts)

A258- Infringement Action
- Commission discretionary powers - bring matter to ECJ - decide if MS is in breach

A259- Interim Measures
-Irreversible damage OR exceptionally urgent

A260- Action
- MS fails to comply with judgement - Commission can take further action
-Court may impose fine - lump sum or PP
-Comm may request penalties in first judgement - failure to implement D

A263- JR
- Review legality of: Legislative Acts // Acts of Council, Commission // Acts of EP// Acts of bodies producing legal effects vis-a-vis third parties
-Grounds: lack of competence// infringement of essential procedural requirement// infringement of T// misuse of powers
(4) -Standing: act addressed to that person OR direct and individual concern to them // regulatory act which is of direct concern and does not entail implementing measures

Cannot be referred:
- Common foreign and security policy: A275
- Freedom, security and justice: A276

2

Commission v Ireland

Key Words: Infringement Actions

Facts: Waste disposal.

Ratio: In breach of obligations by failing to respond to a request for information in relation to waste operations - no co-operation in good faith

3

Commission v France

Key Words: Infringement Actions + Damages

Facts: Fr failed to carry out controls of fisheries - failed to comply with judgement of ECJ

Ratio: Inadequacy of action taken = both penalty payment and lump sum

4

Kadi

Key Words: Action in Annulment

Facts: Assets frozen -associated with terrorist organisation

Ratio: Competent to review jus cogens - effectiveness of JR

5

Plaumann

Key Words: Action in Annulment; Direct and Individual Concern

Facts: Commission refused to authorise Gr to suspend in part custom duties on mandarins

Ratio: Affected by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from other persons

6

Union de Pequenos Agricultores

Key Words: Action in Annulment, Direct and Individual Concern

Facts: Directive on common organisation of markets in oils and fats - discounted aid to small producers

Ratio: Not concerned directly and individually- criteria interpreted in light of effective protection but cannot have effect of setting aside condition

7

Piraiki-Patraiki

Key Words: Actions in Annulment; Direct and Individual Concern

Facts: Authorisation to impose a system of quotas on imports from Greece

Ratio: Direct concern -Cannot affect appellant without implementing measures? - no doubt as to intent of Fr to make use of discretion
Individually concerned - limited group of traders

8

Inuit

Key Words: Action in Annulment; Regulatory Act

Facts: Annulment of regulation on trade in seal products

Ratio: Regulatory acts differ from legislative acts - purposive approach

Plaumann applied - substantial adverse effect = not of individual and direct concern

9

IBM v Commission

Key Words: Action in Annulment; Measures (Preparatory)

Facts: Commission statement of objection to abuse of dominant market position - informed they will initiate proceedings

Ratio: Purely preparatory character = cannot be the subject of an action

10

Front National

Key Words: Action in Annulment, Direct Concern

Facts: Tried to form EP political party - only EP MPs can do this

Ratio: No direct effects - implementation purely automatic

NB - Las Verts - of direct concern because no further measure was necessary