Legal Remedies

15 important questions on Legal Remedies

Which articles says something about legal protection of MS before national courts/

Article 19.1 sub 2 TFEU

What are the five types of procedures?

  1. Direct actions
  2. Preliminary rulings; facultative and obligatory
  3. Appeal procedures
  4. Requests for an opinion
  5. Enforcement proceedings

What are the four stages of preliminary procedure?

  1. Letter of formal notice sent by the COM
  2. Reasoned opinion
  3. Setting a deadline
  4. Legal action
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Which two have the active right to bring an action of infringement procedures?

Commission (258 TFEU) and MS (259 TFEU)

What is Case C-247/87 Star Fruit about?

Initiating proceedings by individuals: a complaint should be submitted to the Commission

Where can we find the legal basis for action for annulment?

Article 263 TFEU

What is the interpretation of individual concern according to Case 25/62 Plaumann & Co v Commission

Persons other than those to whom a decision is addressed may only claim to the individually concerned if that decision affects them by reason of certain attributed which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually just as ib the case of the person addressed

Which article is about act is declared void: ext unc and era ones?

Article 264 TFEU

Which article is about the preliminary ruling ?

Article 267 TFEU

What does Köbler case say about liability claim?

Courts of last instance must refer case to ECJ. If they don't, it creates a prerequisite for an infringement procedure against MS in questions and estbalishes legal ground for state liability claim

When does the court may not refer the case to eco (Case CILFIT)?

  • Question materially identical with a question already been subject of a preliminary ruling in similar case
  • stablished jurisprudence
  • no scope for any reasonable doubt

What are the three effects of the preliminary ruling?

  1. If ECJ declares secondary law invalid: factual ergo omens-effect
  2. If ECJ declares secondary law valid
  3. If interpretation by ECJ: ex tunc effect

Which article is about plea of illegality?

Article 277 TFEU

Which article is about fail to act ?

Article 265 TFEU

Which articles are about action for compensation based on non-contractual liability of the EU?

Article 268 and 340 TFEU

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