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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.

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Annulment Action Revision

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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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