Annulment Action Notes
This is a sample of our (approximately) 3 page long Annulment Action notes, which we sell as part of the GDL EU Law Notes collection, a Distinction package written at Cambridge/Bpp/College Of Law in 2017 that contains (approximately) 307 pages of notes across 36 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Annulment Action Revision
The following is a plain text extract of the PDF sample above, taken from our GDL EU Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Annulment Action _______________________________________________________
Treaty Basis Art 265 TFEU = the MS may bring an action where institutions of the EU fail to act Art 263 TFEU = CoJ has jurisdiction to review the legality of EU acts:
Lack of competence
Infringement of an essential procedural requirement; infringe of the treaties; infringement of any rule of law; misuse of powers The EC Treaty provided annulment action against a 'decision' whereas Lisbon provided against an 'act'. However in reality this change just reflects case-law - in the Codorniu case regulations were reviewed. Yet recognition in the treaties reflects the move towards greater accountability & transparency in the reforms.
A Arnull: annulment action as filling in gaps in the EU's judicial review systems
What is an act?
Commission v Council (re: European Road Transport Agreement): any act intended to have legal effects Corporation v Commission: look to the "substance" of an act - any act capable of changing the legal interests of an applicant Reynolds Tobacco: the decision to bring legal action does not of itself count as an act
Who can bring an action?
1. Privileged Applicants: a. Unlimited rights to apply b. No procedural requirements c. Commission; EP; MS i. Dynamic development of EP's status: originally no mention of its status in treaty of Rome as its decision-making powers were very limited & it wasn't directly elected ii. E P v Council (Comitology) application by EP where not found to be an applicant
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