Judicial Review Flashcards

1
Q

Where do you find the Treaty base for judicial review actions in the CJEU?

A

Art 263 TFEU

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2
Q

What are the benefits of having a judicial review procedure?

A
  • protects institutional balance
  • provides effective remedies (e.g. Tobacco Advertising Case - monitors competence of EU and annuls legislation)
  • ensures proprietary in decision-making
  • reviews acts of institutions
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3
Q

Since the change in the Lisbon Treaty 2007, what acts can be challenged?

A
  • legislative acts

- regulatory acts

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4
Q

What are the two categories of locus standi? Who do they apply to?

A

(1) privileged applicants: Commission, Council of Ministers, European Parliament, all MSs
(2) non-privileged applicants: private individuals (including companies)

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5
Q

What is special about privileged applicants’ standing?

A

It is automatic.

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6
Q

Which case established that for an act to be judicially reviewable it must have binding effect?

A

IBM v Commission

Letter informing IBM that may commence action was not a binding act as was only preparatory.

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7
Q

Which case established that what matters about the act for review is it’s true nature, not it’s official designation?

A

Confed Nationale des Producteurs de Fruits et Légumes
(Fruit and Vegetables Case)
Where decision disguised as regulation.

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8
Q

What is the intervening act that means that a measure breaks the causal link required for direct concern?

A

When MS has some discretion over the application of a measure e.g. In UNICME where Italian gov had discretion over issuing licences for imports of Japanese motorcycles.

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9
Q

In which case did the CJEU decide to focus the creation of legitimate expectations to establish direct concern?

A

Piraiki-Patraiki
Case where Commission changed import licence quota and so unable to fulfil supply to company that agreed in contract. Direct concern even though general measure as effects them specifically.

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10
Q

What is the Plaumann test for establishing individual concern?

A

Individual concern where a measure affects them: “by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons”

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11
Q

In which case did the CJEU decide that although the applicant was the only importer of brushes from China to the Netherlands at the time, the future number of importers was unlimited and so they were not part of the closed class under the Plaumann test?

A

Spijker

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12
Q

Which case demonstrated that the individualising factor under Plaumann is normally the granting of a licence to do something by the Commission?

A

International Fruit Company v Commission

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13
Q

In which exceptional case did the CJEU show that where there was no other alternative and there was an impact on an individual’s fundamental rights, the issue of whether the applicant was a closed class was irrelevant?

A

Kadi and Al Barakat

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14
Q

What is a strong argument in favour of a restrictive approach towards the locus standi of non-privileged applicants?

A

Floodgates - too many people challenging if do not have individual and direct concern requirement. E.g. Organisations bring judicial review actions for every piece of legislation.

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15
Q

What was AG Jacob’s favoured reform of the Plaumann test for non-privileged applicants in UPA v Council?

A

Applicant is individually concerned “by a Community measure where the measure has, or is liable to have a substantial adverse effect on his interests”

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16
Q

What would be the benefits of AG Jacob’s new proposed test for locus standi?

A
  • could extend judicial remedy to groups so more efficient protection
  • protects the many, not the few by widening scope
17
Q

What did the CJEU confirm in it’s UPA v Council judgment?

A

That Plaumann test of individual concern still applies. If want change like AG Jacob’s suggested then should achieve through MSs changing the Treaty.

18
Q

Which case established the definition of a regulatory act for the purpose of Art 263(4)? What was it?

A

Inuit Tapiriit Kanatami v European Parliament: a non-legislative act that has general application

19
Q

In which case did the applicant successfully show direct concern for the judicial review of a regulatory act?

A

Microban v Commission - can review decision to amend the directive on manufacture of plastics as changes meant company could not produce plastic with chemical anymore.

20
Q

What is the time limit requirement for bringing a judicial review action?

A

Art 263(5) - must bring action within 2 months of date of publication, notification of measure to applicant or date came to applicant’s knowledge.