EU Law I: Act of annulment

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Act of annulment

• Protection against unlawful binding acts of Community institutions
• Division:
  • Privileged applicants (institutions and MS)
    • Challengeable Acts:
      • Acts which intend to entail legal effect
        • Yes: binding measures under Art.249 EC
        • No proposals, no non-binding measures
    • Acts of institutions
  • Non-privileged applicants (legal and natural persons)
    • Locus standi (legal standing) only against certain acts for natural and legal persons:
      • Decision addressed to him or her personally
      • Decision, in the form of a regulation or a decision addressed to another person, which is of direct and individual concern to him- or herself

• Reasons for the review/annulment
  • Lack of competence
  • Infringement of an essential procedural requirement
  • Infringement of the Treaty and any rule of law relating to its application
  • Misuse of power

See also

• Art. 230 EC
• Failure to act

References & Links

Lecture Slides covering this topic

• Lecture 7

See also

• Essential EC Law in Charts, Charts 12|5 - 12|13
• Art. 230 EC
• Art. 232 EC

• EU Law I
• Exam 2008