EU Law: Actions for Annulment

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Questions and Answers

What was the outcome of the CJEU's ruling in Case C-294/83 Parti Ecologiste 'Les Verts'?

The CJEU ruled that the European Parliament has no legal effects vis-à-vis third parties.

The CJEU ruled that the European Parliament has no power to adopt legally binding acts.

The CJEU ruled that the European Parliament's measures are exempt from judicial review.

The CJEU ruled that an action for annulment may be brought against measures adopted by the European Parliament which intend to have legal effects vis-à-vis third parties. (correct)

Which of the following is NOT a reviewable act according to Article 263 TFEU?

Recommendations of the Commission

Regulations of the Council

Acts of the European Council

Opinions of the European Central Bank (correct)

What is required for an act to be considered 'intended to produce legal effects vis-à-vis third parties'?

The act must be a regulation or directive.

The act must be a decision of the Commission.

The act must be adopted by the European Council.

The act must have binding legal effects that determine obligations for third parties and bring about a distinct change in their legal position. (correct)

What is the main goal of actions for annulment in the EU system?

To ensure that Union institutions comply with all requirements of EU law when they take action. Signup and view all the answers

Why are acts of COREPER not reviewable?

Because COREPER's agreements can be pushed aside by the Council. Signup and view all the answers

Which Article of the TFEU provides for actions to be brought before the CJEU to review the legality of acts of Union institutions and other Union bodies?

Article 263 TFEU Signup and view all the answers

What was the scope of 'reviewable acts' prior to the Lisbon Treaty?

Only regulations, directives, and decisions. Signup and view all the answers

What is the consequence of a well-founded action for annulment?

The CJEU shall declare the act concerned to be void. Signup and view all the answers

What has been the impact of the CJEU's case law on the concept of 'reviewable acts'?

It has extended the scope of reviewable acts to other forms of acts. Signup and view all the answers

Which of the following acts is NOT a reviewable act under Article 263 TFEU?

Recommendations of the Commission Signup and view all the answers

Which institution's acts are initially referred to in Article 173 EEC (now Article 263 TFEU)?

The Commission and the Council Signup and view all the answers

What was the issue addressed by the CJEU in Case C-294/83 Parti Écologiste ‘Les Verts’?

The jurisdiction of the CJEU to hear and determine an action for annulment against a measure adopted by the European Parliament. Signup and view all the answers

What is the significance of the CJEU's ruling in Case C-294/83 Parti Ecologiste 'Les Verts'?

It created a right to challenge measures adopted by the European Parliament which intend to have legal effects vis-à-vis third parties. Signup and view all the answers

What is the issue of locus standi related to?

Which applicants can bring an action for annulment. Signup and view all the answers

What is the function of the CJEU in relation to actions for annulment?

To review the legality of acts of Union institutions and other Union bodies. Signup and view all the answers

What is the purpose of actions for annulment?

To ensure that Union institutions comply with all requirements of EU law when they take action. Signup and view all the answers

What is the condition for an act to be considered 'addressed to the applicant'?

The applicant is directly addressed by that act. Signup and view all the answers

What is the only restriction on locus standi faced by the applicant addressed?

The time limit. Signup and view all the answers

What type of decisions can an applicant directly addressed challenge?

Final decisions intended to have a binding effect. Signup and view all the answers

What is the consequence of an act being addressed to 'another person', not the applicant?

The applicant does not have locus standi. Signup and view all the answers

What is a characteristic of a Scenario 4 act?

It is a regulatory act that does not entail implementing measures. Signup and view all the answers

In which scenario is the act addressed to the applicant?

Scenario 1. Signup and view all the answers

What is NOT a characteristic of Scenario 3?

The act is addressed to the applicant. Signup and view all the answers

What is the General Court's stance on challenging potential decisions?

Applicants cannot challenge potential decisions. Signup and view all the answers

What is the key criterion for determining whether an act is reviewable by the CJEU?

The act is intended to produce legal effects vis-à-vis third parties. Signup and view all the answers

Which of the following acts is reviewable by the CJEU?

A decision by the European Commission to start an infringement procedure against a Member State. Signup and view all the answers

What is the outcome of the case C-48/65 Alfons Lütticke GmbH and others v. Commission?

The CJEU ruled that the Commission's refusal to start an infringement action was not a legally binding act. Signup and view all the answers

What is the purpose of the reasoned opinion delivered by the European Commission under Art. 258 TFEU?

To give the Member State the opportunity to conform with the Treaty. Signup and view all the answers

What is the consequence of an act being deemed non-reviewable by the CJEU?

The act is considered legally non-binding and cannot be enforced by the CJEU. Signup and view all the answers

Which of the following is a key principle of the CJEU's test for determining whether an act is reviewable?

The act must be intended to produce legal effects vis-à-vis third parties. Signup and view all the answers

What is the main difference between a reviewable and non-reviewable act?

A reviewable act is intended to produce legal effects, while a non-reviewable act is not intended to produce legal effects. Signup and view all the answers

What is the consequence of the CJEU ruling that an act is non-reviewable?

The application is deemed inadmissible and the act is not subject to review. Signup and view all the answers

In what scenario does a non-privileged applicant not need to demonstrate direct concern or individual concern?

If the act is addressed to the applicant Signup and view all the answers

What is the time limit for all 4 scenarios of locus standi for non-privileged applicants?

2 months Signup and view all the answers

What is 'acting without competence' equivalent to?

Acting beyond the power to act or without a lawful basis Signup and view all the answers

What is the principle stated in Article 5(2) TEU?

Principle of conferral Signup and view all the answers

What is the limit of the powers conferred on institutions according to Article 13(2) TEU?

The limits of the competences conferred upon it by the Member States Signup and view all the answers

In what scenario does a non-privileged applicant need to demonstrate both direct and individual concern?

If the act is of general application, other than a regulatory act Signup and view all the answers

What is the ground for annulment related to an institution acting beyond its powers?

Lack of competence or authority Signup and view all the answers

In what scenario does a non-privileged applicant need to demonstrate only direct concern?

If the act is a regulatory act and does not entail implementing measures Signup and view all the answers

Study Notes

Actions for Annulment in the EU System

Member States must provide effective legal protection in fields covered by Union law.
Article 263 TFEU allows for actions to be brought before the CJEU to review the legality of acts of Union institutions and other Union bodies.
The goal of actions for annulment is to ensure that Union institutions comply with all requirements of EU law.

Judicial Review of Union Acts

Judicial review of the legality of Union acts is a function of the CJEU.
Direct action is available against acts of the Union under certain conditions.

Admissibility of Actions for Annulment

Several questions need to be examined to determine admissibility, including:
- Acts of which institutions are subject to review?
- Which acts can be reviewed?
- Is there a time limit for challenging acts?
- Which applicants can bring an action for annulment?
- On what grounds?
- With what consequences?

Acts of Which Institutions are Reviewable?

Initially, Article 173 EEC (now Article 263 TFEU) only referred to acts of the Commission and the Council.
In Case C-294/83 Parti Écologiste ‘Les Verts’, the CJEU ruled that an action for annulment may be brought against measures adopted by the European Parliament which intend to have legal effects vis-à-vis third parties.
Currently, Article 263 TFEU allows for the review of legislative acts, acts of the Council, of the Commission, and of the European Central Bank, as well as acts of the European Parliament and of the European Council intended to produce legal effects vis-à-vis third parties.
Acts of bodies, offices, or agencies of the Union intended to produce legal effects vis-à-vis third parties are also reviewable.

When is an Act Intended to Produce Legal Effects vis-à-vis Third Parties?

According to the CJEU, an act is intended to produce legal effects vis-à-vis third parties when it is intended to have binding legal effects that definitely and specifically determine obligations for third parties and bring about a distinct change in their legal position.

Acts of Which Institutions are NOT Reviewable?

Acts of COREPER are not reviewable, as COREPER is not an EU decision-making body and any agreement it reaches can be pushed aside by the Council.
However, acts of the European Council are reviewable if they are intended to produce legal effects vis-à-vis third parties.

Which Acts are Reviewable?

Prior to the Lisbon Treaty, only legally binding acts of the institutions, such as regulations, directives, and decisions, were reviewable.
The CJEU has interpreted the concept of "act" widely, extending reviewable acts to other forms of acts.
The CJEU decides whether an act is reviewable or not by applying the test: "Is the act intended to produce legal effects vis-à-vis third parties?"

Which Acts are Non-Reviewable?

Examples of non-reviewable acts include:
- Refusal by the European Commission to start an infringement procedure against a Member State.
- A reasoned opinion delivered by the European Commission under Article 258 TFEU.

Locus Standi for Non-Privileged Applicants

There are four possible scenarios for locus standi for non-privileged applicants under Article 263 TFEU:
1. The act is addressed to the applicant.
2. The act is addressed to "another person".
3. The act is of general application, other than a regulatory act.
4. The act is a regulatory act that does not entail any implementing measures.
In each scenario, the applicant must demonstrate different levels of concern, such as direct concern or individual concern.

Grounds for Annulment

There are several grounds for annulment, including:
1. Lack of competence or authority.
2. Infringement of an essential procedural requirement.
3. Infringement of the Treaty or of any rule of law relating to its application.
4. Misuse of powers.
The CJEU has the power to declare an act void if it is found to be unlawful.

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Description

Quiz about EU law, specifically on actions for annulment, review of legality of acts of Union institutions and bodies, and related provisions in the Treaty on the Functioning of the European Union.