Actions for Annulment in Europe
Actions for Annulment (Article 263 TFEU)
Content about Actions For Annulment from the publication “The ABC of European Union law” (2010, European Union) by Klaus-Dieter Borchardt.Actions for annulment are a means to objective judicial control of the action of the Union institutions and bodies (abstract judicial review) and provide the citizen with access to EU justice, although with some restrictions (guarantee of individual legal protection).
Context of Actions For Annulment in the European Union
They can be lodged against all measures of the Union institutions and bodies which produce binding legal effects likely to affect the interests of the applicant by seriously altering their legal position. In addition to the Member States, the European Parliament, the Council, the Commission, the Court of Auditors, the European Central Bank and the Committee of the Regions may also lodge actions for annulment provided that they invoke violation of the rights conferred on them.
More about Actions For Annulment in the European Union
Citizens and undertakings, on the other hand, can only proceed against decisions that are personally addressed to them or, though addressed to others, have a direct individual effect on them. This is deemed by the Court of Justice to be the case if a person is affected in so specific a way that a clear distinction exists between him or her and other individuals or undertakings. This criterion of ‘immediacy’ is intended to ensure that a matter is only referred to the Court of Justice or the General Court if the fact of the plaintiff’s legal position being adversely affected is clearly established along with the nature of those adverse effects. The ‘individual concern’ requirement is also intended to prevent ‘relator suits’ from being filed.
Other Aspects
If the action succeeds, the Court of Justice or General Court may declare the instrument void with retroactive effect. In certain circumstances, it may declare it void solely from the date of the judgment. However, in order to safeguard the rights and interests of those bringing legal actions, the decla ration of nullity may be exempted from any such restriction.
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