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Judicial review of EU acts

5 important questions on Judicial review of EU acts

Action for failure to act

Art. 265 TFEU
when an EU institution doesn't act as it is supposed to do. The institution had an obligation to act, but it didn't. The commission can impose fines.

Natural or legal person; standing

Three situations

addressee of the act

specifically directed to them
this is about decisions, directives and regulations are never directed to someone

when there is direct and individual concern

direct concern
individual concern (Plaumann, Cororniu)

aginst a regulatory act which is of direct concern to them and does not entail implementing measures (Microban)

When has one of the institutions failed to act?

There must be an infringement of the treaties. By not acting the institution must violate EU law. There must be an obligation for the institution, there must be no discretion to act.

What happens when an individual thinks an obligation has not been met?

Art. 265(2) TFEU
they have to send the institution a letter to which that institution has to reply within 2 months where it defines its position on the matter.

When the institution does not respond in this time period, this can be used as admissibility criteria for bringing the case before the court

When the institution disagrees with the existence of an obligation, the action can be changed in an action for annulment (art. 263 TFEU)

Who can bring a failure to act before the court

Art. 265(1) TFEU -> MS and all other institutions (privileged)
art. 265(3) TFEU -> natural and legal persons (not privileged) they have to have standing (same as in art. 263 TFEU).