EU Law: Right to Challenge European Parliament Measures

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Questions and Answers

Under Article 263 TFEU, what is the condition for natural or legal persons to challenge Union acts?

The act is of general application and entails implementing measures.

The act is addressed to them or is of direct and individual concern to them. (correct)

The act is of general application and does not entail implementing measures.

The act is of direct concern to them and entails implementing measures.

What is the definition of 'natural or legal persons' as per the CJEU's interpretation?

Only individuals and not-for-profit entities.

Only individuals and for-profit entities.

Individuals, for-profit and not-for-profit entities. (correct)

Only non-member states.

Under what condition can natural or legal persons challenge a regulatory act under Article 263 TFEU?

The act is of direct concern to them and does not entail implementing measures. (correct)

The act is of direct concern to them and entails implementing measures.

The act is of individual concern to them and entails implementing measures.

The act is of general application and entails implementing measures.

What is the outcome of Cases C-298/89 and C-872/19 P?

Non-member states are considered 'natural or legal persons'. Signup and view all the answers

What are the four possible scenarios for locus standi under Article 263 TFEU?

The act is NOT of general application, or is addressed to them, or is of direct and individual concern. Signup and view all the answers

What is the requirement for challenging a Union act under Article 263 TFEU?

The act must be addressed to them or be of direct and individual concern to them. Signup and view all the answers

What is the condition for natural or legal persons to challenge a regulatory act under Article 263 TFEU?

The act must be of direct concern to them and does not entail implementing measures. Signup and view all the answers

What is the effect of Article 263 TFEU on natural or legal persons?

They can challenge Union acts under certain conditions. Signup and view all the answers

What was the outcome of the Case C-294/83 Parti Ecologiste ‘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. Signup and view all the answers

What type of acts are excluded from review by the CJEU under Article 263 TFEU?

Recommendations and opinions of the European Parliament. Signup and view all the answers

What is the criteria for determining whether an act is intended to produce legal effects vis-à-vis third parties?

Whenever the act 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. Signup and view all the answers

Are acts of COREPER reviewable by the CJEU?

No, because COREPER is not an EU decision-making body and any agreement it reaches can be pushed aside by the Council. Signup and view all the answers

What is the scope of reviewable acts under Article 263 TFEU prior to the Lisbon Treaty?

Regulations, directives, and decisions of the institutions. Signup and view all the answers

What is the effect of the CJEU's case law on the concept of 'reviewable acts'?

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

What type of acts are reviewable by the CJEU under Article 263 TFEU?

Acts of the European Parliament, the European Council, the Council, the Commission, and the European Central Bank, as well as acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties. Signup and view all the answers

What is the effect of the Lisbon Treaty on the scope of reviewable acts?

It has extended the scope of reviewable acts to include acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties. Signup and view all the answers

What is the primary criterion used by the CJEU to determine if an act is reviewable?

The act's intention to produce legal effects vis-à-vis third parties. Signup and view all the answers

Which of the following is an example of a non-reviewable act under Article 263 TFEU?

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

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

The act cannot be challenged by an action for annulment. Signup and view all the answers

What is the purpose of the 'administrative stage' in the infringement procedure, according to the CJEU?

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

What is the significance of the CJEU's ruling in Case C-48/65 Alfons Lütticke GmbH and others v. Commission?

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

What is the characteristic of a measure that is intended to have legal effects vis-à-vis third parties?

It brings about a distinct change in the legal position of third parties. Signup and view all the answers

What is the purpose of the test applied by the CJEU to determine if an act is reviewable?

To determine the act's intention to produce legal effects vis-à-vis third parties. Signup and view all the answers

What is the significance of the 'binding legal effects' criterion in the CJEU's test for reviewability?

It determines the act's intention to definitely and specifically determine obligations for third parties. 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 the act Signup and view all the answers

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

The time limit Signup and view all the answers

What is the key factor in determining individual concern according to the Plaumann test?

The circumstances that distinguish the applicant from others Signup and view all the answers

What is the consequence of not meeting the individual concern criterion?

The action for annulment must be declared inadmissible 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 significance of the Plaumann test in EU law?

It is still valid and applied by the CJEU Signup and view all the answers

Which scenario under Article 263 TFEU involves an act addressed to 'another person', not the applicant?

Scenario 2 Signup and view all the answers

What type of act is Scenario 3 under Article 263 TFEU?

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

What is the main reason why the applicant in Plaumann & Co. v Commission was not individually concerned?

The applicant's commercial activity could be practiced by anyone Signup and view all the answers

What is the relationship between the Plaumann test and Article 263 TFEU?

The Plaumann test is a judicial interpretation of Article 263 TFEU Signup and view all the answers

Which scenario under Article 263 TFEU involves an act that does not entail any implementing measures?

Scenario 4 Signup and view all the answers

What is the status of the Plaumann test in EU law?

It is still valid and applied by the CJEU Signup and view all the answers

Can an applicant challenge a potential decision which has not actually been taken yet at the time of the challenge?

No, as stated by the General Court Signup and view all the answers

What is the relationship between an applicant and the European Commission in Scenario 1?

The applicant is a legal person directly addressed by the European Commission Signup and view all the answers

What is the purpose of the Plaumann test in EU law?

To establish individual concern for locus standi Signup and view all the answers

What is the context of the Plaumann test?

A challenge to a regulatory act by an individual Signup and view all the answers

Study Notes

Case C-294/83 Parti Ecologiste ‘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.
The CJEU 'created' a right to challenge measures adopted by the European Parliament.

Admissibility - Acts of Which Institutions are Reviewable?

Article 263 TFEU states that the CJEU shall review the legality of legislative acts, of acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions, and of acts of the European Parliament and of the European Council intended to produce legal effects vis-à-vis third parties.
Acts of the European Council are reviewable if they are intended to produce legal effects vis-à-vis third parties.
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.

Admissibility - 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 whenever the act 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.

Admissibility - Which Acts are Reviewable?

Prior to the Lisbon Treaty, "reviewable acts" only included legally binding acts of the institutions, such as regulations, directives, and decisions.
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, meaning, is the act 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?"

Admissibility - Which Acts are Non-Reviewable?

Refusal by the European Commission to start an infringement procedure against a Member State is not reviewable, as it is not a legally binding act.
A reasoned opinion delivered by the European Commission under Art. 258 TFEU is not reviewable, as it is an administrative stage intended to give the Member State concerned the opportunity of conforming with the Treaty, and has no binding force.

Locus Standi for Non-Privileged Applicants

Art. 263 TFEU states that any natural or legal person may institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.
Non-privileged applicants for the purposes of Article 263 TFEU include "natural or legal persons", which include individuals, for-profit and not-for-profit entities, and non-member states.
Non-privileged applicants face considerable restrictions on locus standi.

Locus Standi for Non-Privileged Applicants - 4 Possible Scenarios

The act is addressed to the applicant.
The act is addressed to "another person", not to the applicant.
The act is of general application, other than a regulatory act.
The act is a regulatory act that does not entail any implementing measures.

Scenario No 1: The Act is Addressed to the Applicant

An act is considered "addressed to the applicant" if and only if the applicant is directly addressed by that act.
When an act is directly addressed to an applicant, the only restriction on locus standi faced by the applicant addressed is the time limit.
However, the applicant directly addressed can only challenge final decisions intended to have a binding effect.

Individual Concern: The Plaumann Test

In Case C-25/62 Plaumann & Co. v Commission, the CJEU ruled that individual concern requires that the applicant is affected by the disputed decision by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons.
The Plaumann test is still valid and applied by the CJEU 58 years after the delivery of the judgment.

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Quiz on the ruling of the CJEU regarding the right to challenge measures adopted by the European Parliament, as established in the case Parti Ecologiste ‘Les Verts’.