14EU Court of Justice Jurisdiction Quiz

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Questions and Answers

What types of actions can the Court of Justice hear regarding the European Parliament and the Council?

Actions for annulment related to state aid

Actions for annulment brought by EU institutions and Member States (correct)

Appeals against the General Court's decisions (correct)

Actions for annulment brought by natural persons

Which of the following matters is excluded from the Court of Justice's jurisdiction for annulment actions against the Council?

Actions related to financial regulations

Actions related to state aid (correct)

Actions concerning anti-dumping (correct)

Actions concerning trade agreements

What is one of the grounds of appeal recognized by the CJEU?

Misinterpretation of fiscal legislation

Misuse of powers (correct)

Violation of data protection laws

Non-compliance with environmental regulations

Which institution can bring actions against the Commission under the General Court's jurisdiction?

Member States Signup and view all the answers

Which of the following statements regarding the General Court is TRUE?

It hears actions brought by the Member States against acts of the Council in specific matters. Signup and view all the answers

What is meant by 'internal lack of competence' as a ground for appeal?

When one institution infringes upon the competence of another Signup and view all the answers

What is an additional ground for appeal created by case law of the CJEU beyond those listed in Article 2 TFEU?

Non-existence of the act Signup and view all the answers

Which of the following actions can be taken against acts of the Commission?

Member States can bring actions against it in the General Court. Signup and view all the answers

What constitutes purely a formal defect in legal procedures?

A unanimous vote despite an erroneous legal basis Signup and view all the answers

What is the principal ground of appeal frequently invoked in legal proceedings regarding the EU?

Infringement of the Treaties or any rule of law Signup and view all the answers

According to the principle of legality, what must acts of the EU comply with?

The Treaties and applicable rules of law Signup and view all the answers

Which type of act is considered a higher-ranking source than delegated or executive acts under TFEU?

Legislative acts Signup and view all the answers

What can be used as a parameter for challenging EU secondary law?

International agreements with direct effect Signup and view all the answers

How does the Court of Justice view international agreements in relation to EU law?

It displays a cautious attitude towards certain international agreements Signup and view all the answers

Which article of TFEU references violations of the Treaty or rules of law related to its application?

Article 263 Signup and view all the answers

What is the status of secondary law during the assessment of its legitimacy?

It can be evaluated against itself for compliance Signup and view all the answers

Under what conditions does the Court accept WTO rules as legitimate parameters?

If it is an implementation of a WTO obligation or expressly references the WTO treaty. Signup and view all the answers

What characterizes the ground of appeal related to misuse of power?

It involves using a granted power for an unrelated goal. Signup and view all the answers

What must be provided to substantiate a claim of misuse of power?

Objective, relevant, and concordant evidence. Signup and view all the answers

Which statement is true regarding the judicial review under Article 263 TFEU?

Judicial review is limited only to the legitimacy of acts. Signup and view all the answers

What is a primary limitation of the Court regarding the annulment of challenged acts?

It can only annul acts and not amend them. Signup and view all the answers

What type of misuse does 'misuse of procedure' refer to?

Utilizing a procedure for an unrelated goal. Signup and view all the answers

Why is the Court unable to modify a flawed act?

It operates under the division of powers principle. Signup and view all the answers

In what situation does the misuse of power become evident?

When an institution's goal differs from the original mandate. Signup and view all the answers

What characterizes privileged applicants in their ability to challenge EU secondary law?

They can challenge acts without procedural requirements. Signup and view all the answers

What is the status of the EU Parliament concerning locus standi prior to the Treaty of Maastricht?

It had no locus standi at all. Signup and view all the answers

Under the Treaty of Lisbon, which of the following is classified as a semi-privileged applicant?

The European Central Bank Signup and view all the answers

Why do privileged applicants have presumed interest in challenging acts?

Their role is to ensure the EU legal order is protected. Signup and view all the answers

What does 'unlimited legitimacy' ensure in the context of privileged applicants?

Protection of institutional balance. Signup and view all the answers

In recent treaties, what has been the evolution of the EU Parliament's status regarding locus standi?

It has transitioned from no locus standi to privileged applicant. Signup and view all the answers

According to Article 263(3) TFEU, what defines the category of semi-privileged applicants?

Applicants needing to protect their prerogatives conferred by Treaties. Signup and view all the answers

What types of entities are included under not-privileged applicants?

Both natural and legal persons. Signup and view all the answers

What was reaffirmed by the Court regarding the judicial remedies provided by the Treaty?

They guarantee effective judicial protection for individuals. Signup and view all the answers

In the 2002 UPA case, what did the Court suggest about reforms to the system of judicial remedies?

They are the sole responsibility of Member States. Signup and view all the answers

According to Article 263 TFEU, which of the following acts can natural and legal persons appeal against?

Acts that directly and individually affect them. Signup and view all the answers

What does the notion of 'regulatory acts' exclude according to the General Court's interpretation?

Legislative acts. Signup and view all the answers

What characterizes the self-restraint of the Court in the UPA case?

The recognition that its interpretation may be too restrictive. Signup and view all the answers

What is the outcome required for a legislative act to be annulled by an individual?

It must directly and individually affect the person. Signup and view all the answers

Which case upheld the General Court's definition of 'regulatory acts'?

Inuit case. Signup and view all the answers

What is a requirement for a regulatory act in the context of Article 263 TFEU?

It must not involve implementing measures. Signup and view all the answers

What is the implication if the Commission refuses a request made by companies?

Belgium's discretion prevents companies from having locus standi. Signup and view all the answers

Which case established that individuals other than those directly addressed may claim to be individually concerned?

1963 Plaumann Signup and view all the answers

What test did the 1978 Toepfer case introduce regarding individual concern?

Closed group test Signup and view all the answers

What is one characteristic of a regulation according to the 1980 Calpak case?

It is drafted in general and abstract terms. Signup and view all the answers

What is a major limitation of the Plaumann formula in legal contexts?

It has limited admissibility for annulment actions against unaddressed acts. Signup and view all the answers

Which of the following best describes the 'individual concern' clause?

It requires specific distinctions that set individuals apart. Signup and view all the answers

How did the 1994 Codorniu case impact the interpretation of standing?

It introduced more liberal interpretations regarding standing. Signup and view all the answers

What does Article 230 EC relate to in terms of legal standing?

It establishes the compatibility of judicial protections. Signup and view all the answers

Study Notes

Annulment Procedure (EU Law)

The action for annulment is governed by Article 263 TFEU (formerly Article 230 EC and 173 EEC)
Article 264 TFEU governs the possible effects of an annulment judgment.

Preliminary Overview

Direct remedy allows Member States, EU institutions and individuals to directly challenge the legality of EU acts before the Court of Justice.
The function of the annulment process is to review the legality of EU acts, not their merits.
This is similar to administrative jurisdictions in national systems, notably the French and Italian models.
The procedure ensures respect for the principle of legality and that EU institutions are subject to the rule of law (Article 2 TEU).
There is a relationship between annulment procedures and preliminary reference procedures. These are different mechanisms: direct vs indirect protection

Preliminary Overview (2)

The jurisdiction of EU annulment actions are divided between the Court of Justice and the General Court.
The grounds for appeal and "defects" that can lead to the annulment of EU secondary law vary.
Time limits for submitting actions for annulment exist. Effects of submission and the final judgment vary.
The "locus standi", or standing, of natural and legal persons is an extremely important issue—with specific aspects related to the standing of natural and legal persons

Which acts can be challenged ex Article 263 TFEU?

The Court of Justice of the European Union (CJEU) can review legislative acts enacted jointly by the Parliament and Council at the Commission's initiative.
Acts adopted by Council, Commission and European Central Bank (non-legislative acts) are also reviewable.
Acts of the European Parliament and European Council (from Lisbon treaty) that produce effects vis-a-vis third parties, and
Acts of Union bodies and organs producing legal effects vis-a-vis third parties.

Which acts can be challenged ex Article 263 TFEU (2)?

The specific list of acts that can be challenged has changed in different Treaty versions.
Originally, acts by the European Parliament were not appealable.
The European Council and other Union bodies and organs were not appealable before the Lisbon Treaty changes.
The Court of Justice has developed a substantive approach to determining appealability, examining the act's content and effects rather than its formal designation.

Which acts can be challenged ex Article 263 TFEU (3)?

All measures with legally binding effects, capable of affecting third parties and altering legal situations, are subject to challenge.
Non-standard acts are also challengeable in this context
Examples include acts affecting political parties' election refunds or decisions associated with international agreements, as well as communications, resolutions and press releases from certain EU bodies/organs.

Which acts can be challenged ex Article 263 TFEU (4)?

Only binding acts are appealable.
Recommendations and opinions are not appealabale
Actions as intermediate steps leading to final acts are not appealable.
Acts that do not introduce new legal positions are not appealable.

The division of competences between the ECJ and the GC

Jurisdiction over annulment actions is divided between the General Court (GC) and the Court of Justice (ECJ). Different cases have different jurisdictions.
General rule: General Court is competent for first instance of annulment claims from any applicant (e.g., member states, natural and legal persons) except cases assigned to a specialized court or reserved to the ECJ by statute (i.e. Art 256 TFEU).
ECJ has appeal jurisdiction on points of law from general court decisions.

Which are the grounds of appeal?

Article 2(2) TEU provides the CJEU has jurisdiction over actions on grounds of lack of competence, procedural errors, infringement of EU Treaties or any rule of law, or misuse of powers.
Case law of the CJEU has established additional grounds like non-existence, though not explicitly defined in the Treaty.

Ground of appeal: lack of competence

Lack of competence can be internal (one institution overstepping another's authority) or external (the EU acting outside its powers)
The EU court will address lack of competence as public policy—raising it ex officio during any phase of the proceeding.

Ground of appeal: violation of essential procedural requirements

There is not a specific definition of essential procedural requirements within EU law.
This requirement is instead determined when a formal requirement significantly impacts the act’s content.
This aspect is closely tied with violations of law, making separation challenging.

Ground of appeal: violation of essential procedural requirements (2)

Common situations: insufficient motivation for decisions, failure to properly consult relevant institutions, and decisions made on incorrect legal bases.
Consequences of incorrect legal basis vary from being considered simply a procedural error to a more significant defect, impacting the validity of the act if the decision would have been different with a correct basis

Ground of appeal: infringement of the Treaties or of any rule of law

EU acts must adhere to the Treaties and all rules of relevant EU law, per Article 263(2) TFEU.
The EU courts’ case law develops general principles based on fundamental constitutional traditions in member states.
International principles (custom or treaties) form part of EU secondary acts’ legality parameters

Ground of appeal: infringement of the Treaties or of any rule of law (2)

Secondary EU law itself can establish a hierarchy for its validity. Legislative acts, for example, often have precedence over delegated or executive acts (per Articles 289 and 290 TFEU).
International law also plays a role; the EU Court will evaluate the legitimacy of agreements and norms when the secondary EU law is affected.

Ground of appeal: misuse of power

Misuse of power is a residual ground of appeal, triggered whenever a body or institution uses a power for an unintended purpose, distinct from the stated purpose of the power itself.
Sufficient evidence is needed for the Court to accept a misuse of power claim—and not merely a procedural defect or violation of substantive law

The extent and limits of judicial review under Article 263 TFEU

The Treaty's procedural requirements constrain the Court's ability to review contested EU acts beyond the matter of their legality.
The judgment cannot affect the outcome when the act is unlawful. The review is bounded by the legality of the challenged acts, not their merits.

The extent and limits of judicial review under Article 263 TFEU (2)

Judicial review in sensitive areas like antitrust or state aid is challenging because the Commissions make highly complex economic assessments.
Economic evaluations that the CJEU reviews must still be accurate, reliable, and consistent with other relevant considerations

Locus standi: privileged applicants

Privileged applicants in EU annulment cases include Member States and EU institutions.
They can challenge any secondary EU law without showing specific interest or relations to the act.

Locus standi: semi-privileged applicants

Semi-privileged applicants (like the ECB, the Court of Auditors, and the Committee of the Regions), are recognized by the Lisbon treaty for specific cases
This group can challenge EU acts in certain instances based on their prerogatives.

Locus standi: not-privileged applicants

Not-privileged applicants, typically individuals or legal entities, lack automatic standing to challenge EU acts.
Claimants must prove that the EU act directly and individually concerns them—an intensely scrutinized requirement leading to strict standards for such cases.

Locus standi: not-privileged applicants (continued)

The standing issue was initially based on Article 230 EC, later adjusted by Article 263 TFEU.

The notion of direct concern

Individuals directly affected by an EU measure are eligible to challenge it even if the measure doesn't specify them.
Direct concern involves a direct causal link between the act and the individual's situation, without any discretion for intervening authorities.
Case law clarifies nuanced interpretations of direct concern through important case studies

Limited standing and the system of jurisdictional remedies offered by the Treaties

The stringent application of the Plaumann formula has limited circumstances in which an individual successfully challenges EU acts not addressed to them.
The full range of EU judicial remedies and procedures are available for individuals to challenge EU acts indirectly through national courts.

Limited standing and the system of jurisdictional remedies offered by the Treaties (continued)

Applying the Plaumann formula precisely—with emphasis on acts that don't specify target recipients—emphasizes EU-wide jurisdictional protection, and the principle of the rule of law.

The call for a revision of the system: UPA and Jego Quere cases

The UPA and Jego Quere cases prompted discussions about refining the system for reviewing less straightforward, non-directed EU actions.

The new regime provided by art. 263 TFEU

Article III-365 of the Constitutional Treaty established new parameters for annulment appeals.
Article 263's fourth paragraph now enables natural/legal persons to appeal against EU acts directly affecting them, or regulatory acts not involving implementation measures

The notion of regulatory acts

Specific acts of general application are now excluded from the standard legislative act category and are considered 'regulatory acts.'
Regulatory acts can be challenged according to their specific effect on interested parties, via judicial review.

Time Limitation to bring an annulment action

Time limits for an annulment action: The deadline for taking action is two months from the publication, notification, or when the applicant acquires knowledge of the act (taking the latest of the three as governing criteria).
Differing time frames apply for specific acts, e.g., those involving publication in official gazettes versus those without explicit addressee listings.
The time limits can be extended under specific circumstances, e.g., in situations where the parties are located in different jurisdictions, under the rules of procedure of the court

The effects of the submission of the application

A formal annulment request alone does not automatically suspend an EU act.
The Court, in suitable circumstances and on request, can however set aside the act through precautionary suspension.

The effects of the judgement rendered by the CJEU

Annulments, once issued, affect acts ex tunc (from when the act was first adopted), not only ex nunc.
The second paragraph of Article 264 TFEU provides some degree of flexibility regarding when the nullification applies
The effects of annulment also address the issue of regulatory acts

The effects of the judgement rendered by the CJEU (continued)

Rulings against annulment claims do not automatically eliminate the validity of challenged EU acts (and they can be re-challenged under other, relevant circumstances).
The annulment can be limited to specific parts (or provisions) of an act impacted.

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Test your knowledge on the actions the Court of Justice can hear, the grounds for appeals, and the jurisdiction of various EU institutions. This quiz covers essential aspects of EU law and the functioning of its courts. Perfect for law students and EU law enthusiasts!