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Action For Annulment Notes

GDL Law Notes > GDL EU Law Notes

This is an extract of our Action For Annulment document, which we sell as part of our GDL EU Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL EU Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ACTION FOR ANNULMENT (ART. 263 TFEU)


MSs, other institutions, and individuals have a right to challenge
EU institutions.
Under Art 19(1) TEU the CJEU ensures that in the interpretation and application of the Treaties the law is observed.
Relationship to Art 267 PR:
o If you have standing to challenge without doubt under art.
263 you may not bring a domestic challenge under art 267.
(TWD v Germany [1994])

Article 263(1) TFEU: Scope of Challenge

Covers all acts of EU bodies intended to produce legal effects vis-à-vis third parties, thereby excluding recommendations and opinions (as these are not binding).
o Commission v Council (re: European Road Transport
Agreement) [1971] - Commission challenged council resolution settling negotiation procedure for a conference.
 "An action for annulment must…be available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects."
o Schindler v Council [2018] - S lived outside UK for
>15years therefore could not vote in referendum. Brought action against council for agreeing to begin negotiations with the UK. Held this was inadmissible as it was not abindign decision.

Article 263(2)-(4) TFEU: Standing

263(2): Privileged Applicants
 May challenge any measure without meeting any type of standing requirements.
 All major EU Institutions and MSs
 Chernobyl [1990] - although EU Parliament not mentioned in Art 263 it was given right to challenge legislation that threatened its prerogative. (at
Maastricht was made semi-privileged body, and at
Lisbon was made a fully privileged body)
 Provides four grounds for annulment:
 Lack of competence
 Infringement of an essential procedural requirement
 Infringement of the Treaties or of any rule of law relating to their application
 Misuse of powers.
o 263(3): Semi-Privileged Applicants
 May challenge any measure without meeting any type of standing requirements but only in so far as what they are challenging affects their prerogatives (powers)

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