EU Law I: Challenging a Regulation
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Challenging a Regulation
- Contested act of general application (Regulation)
- Closed class
- Adversely affected specific rights of the applicant or its members (only one example: Codorníu case)
- Legal or business interest not sufficient
- Community institution obliged to take account of applicant’s specific circumstances
- Previous cases
- Restrictive interpretation EU Law I: Plaumann criteria
- CFI in Jego-Quéré seemed to liberalise the criteria
- Problem: otherwise no effective legal protection, Art. 234 EC not possible due to lack of national implementation measure
- CFI: sufficient when it effects his legal position by restricting his rights or imposing obligation on him
- ECJ: no, keep Plaumann test
Relevant Case Law
References & Links
Lecture Slides covering this topic
See also
