Judicial review of EU acts
5 important questions on Judicial review of EU acts
Action for failure to act
when an EU institution doesn't act as it is supposed to do. The institution had an obligation to act, but it didn't. The commission can impose fines.
Natural or legal person; standing
- addressee of the act
- specifically directed to them
- this is about decisions, directives and regulations are never directed to someone
- when there is direct and individual concern
- direct concern
- individual concern (Plaumann, Cororniu)
- aginst a regulatory act which is of direct concern to them and does not entail implementing measures (Microban)
When has one of the institutions failed to act?
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What happens when an individual thinks an obligation has not been met?
they have to send the institution a letter to which that institution has to reply within 2 months where it defines its position on the matter.
When the institution does not respond in this time period, this can be used as admissibility criteria for bringing the case before the court
When the institution disagrees with the existence of an obligation, the action can be changed in an action for annulment (art. 263 TFEU)
Who can bring a failure to act before the court
art. 265(3) TFEU -> natural and legal persons (not privileged) they have to have standing (same as in art. 263 TFEU).
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
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