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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'?
What was the outcome of the CJEU's ruling in Case C-294/83 Parti Ecologiste 'Les Verts'?
Which of the following is NOT a reviewable act according to Article 263 TFEU?
Which of the following is NOT a reviewable act according to Article 263 TFEU?
What is required for an act to be considered 'intended to produce legal effects vis-à-vis third parties'?
What is required for an act to be considered 'intended to produce legal effects vis-à-vis third parties'?
What is the main goal of actions for annulment in the EU system?
What is the main goal of actions for annulment in the EU system?
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Why are acts of COREPER not reviewable?
Why are acts of COREPER not reviewable?
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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?
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?
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What was the scope of 'reviewable acts' prior to the Lisbon Treaty?
What was the scope of 'reviewable acts' prior to the Lisbon Treaty?
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What is the consequence of a well-founded action for annulment?
What is the consequence of a well-founded action for annulment?
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What has been the impact of the CJEU's case law on the concept of 'reviewable acts'?
What has been the impact of the CJEU's case law on the concept of 'reviewable acts'?
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Which of the following acts is NOT a reviewable act under Article 263 TFEU?
Which of the following acts is NOT a reviewable act under Article 263 TFEU?
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Which institution's acts are initially referred to in Article 173 EEC (now Article 263 TFEU)?
Which institution's acts are initially referred to in Article 173 EEC (now Article 263 TFEU)?
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What was the issue addressed by the CJEU in Case C-294/83 Parti Écologiste ‘Les Verts’?
What was the issue addressed by the CJEU in Case C-294/83 Parti Écologiste ‘Les Verts’?
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What is the significance of the CJEU's ruling in Case C-294/83 Parti Ecologiste 'Les Verts'?
What is the significance of the CJEU's ruling in Case C-294/83 Parti Ecologiste 'Les Verts'?
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What is the issue of locus standi related to?
What is the issue of locus standi related to?
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What is the function of the CJEU in relation to actions for annulment?
What is the function of the CJEU in relation to actions for annulment?
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What is the purpose of actions for annulment?
What is the purpose of actions for annulment?
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What is the condition for an act to be considered 'addressed to the applicant'?
What is the condition for an act to be considered 'addressed to the applicant'?
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What is the only restriction on locus standi faced by the applicant addressed?
What is the only restriction on locus standi faced by the applicant addressed?
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What type of decisions can an applicant directly addressed challenge?
What type of decisions can an applicant directly addressed challenge?
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What is the consequence of an act being addressed to 'another person', not the applicant?
What is the consequence of an act being addressed to 'another person', not the applicant?
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What is a characteristic of a Scenario 4 act?
What is a characteristic of a Scenario 4 act?
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In which scenario is the act addressed to the applicant?
In which scenario is the act addressed to the applicant?
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What is NOT a characteristic of Scenario 3?
What is NOT a characteristic of Scenario 3?
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What is the General Court's stance on challenging potential decisions?
What is the General Court's stance on challenging potential decisions?
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What is the key criterion for determining whether an act is reviewable by the CJEU?
What is the key criterion for determining whether an act is reviewable by the CJEU?
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Which of the following acts is reviewable by the CJEU?
Which of the following acts is reviewable by the CJEU?
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What is the outcome of the case C-48/65 Alfons Lütticke GmbH and others v. Commission?
What is the outcome of the case C-48/65 Alfons Lütticke GmbH and others v. Commission?
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What is the purpose of the reasoned opinion delivered by the European Commission under Art. 258 TFEU?
What is the purpose of the reasoned opinion delivered by the European Commission under Art. 258 TFEU?
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What is the consequence of an act being deemed non-reviewable by the CJEU?
What is the consequence of an act being deemed non-reviewable by the CJEU?
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Which of the following is a key principle of the CJEU's test for determining whether an act is reviewable?
Which of the following is a key principle of the CJEU's test for determining whether an act is reviewable?
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What is the main difference between a reviewable and non-reviewable act?
What is the main difference between a reviewable and non-reviewable act?
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What is the consequence of the CJEU ruling that an act is non-reviewable?
What is the consequence of the CJEU ruling that an act is non-reviewable?
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In what scenario does a non-privileged applicant not need to demonstrate direct concern or individual concern?
In what scenario does a non-privileged applicant not need to demonstrate direct concern or individual concern?
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What is the time limit for all 4 scenarios of locus standi for non-privileged applicants?
What is the time limit for all 4 scenarios of locus standi for non-privileged applicants?
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What is 'acting without competence' equivalent to?
What is 'acting without competence' equivalent to?
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What is the principle stated in Article 5(2) TEU?
What is the principle stated in Article 5(2) TEU?
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What is the limit of the powers conferred on institutions according to Article 13(2) TEU?
What is the limit of the powers conferred on institutions according to Article 13(2) TEU?
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In what scenario does a non-privileged applicant need to demonstrate both direct and individual concern?
In what scenario does a non-privileged applicant need to demonstrate both direct and individual concern?
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What is the ground for annulment related to an institution acting beyond its powers?
What is the ground for annulment related to an institution acting beyond its powers?
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In what scenario does a non-privileged applicant need to demonstrate only direct concern?
In what scenario does a non-privileged applicant need to demonstrate only direct concern?
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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:
- The act is addressed to the applicant.
- The act is addressed to "another person".
- The act is of general application, other than a regulatory act.
- 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:
- Lack of competence or authority.
- Infringement of an essential procedural requirement.
- Infringement of the Treaty or of any rule of law relating to its application.
- 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.