EU Law I: Direct and individual concern

From BluWiki

Direct and individual concern

• Direct and individual concern?
  • Direct concern:
    • when it leaves the MS no real discretion in implementation
      • difference Directive, test of causation
    • When contested act is capable of producing effects on the applicant’s legal position
  • Individual concern: Plaumann criteria
    • Certain characteristics which are peculiar to them or by reason of circumstances in which he is differentiated from all other persons
    • Closed class of applicants
    • As if the act were addressed to him
    • Easier established for a decision than in a regulation

References & Links

Lecture Slides covering this topic

• Lecture 7

See also

• Art. 230 EC
• Art. 232 EC

• EU Law I
• Exam 2008