EU judicial protection - The nature of EU acts open to challenge under article 263 TFEU
6 important questions on EU judicial protection - The nature of EU acts open to challenge under article 263 TFEU
What is important to know when speaking of EU acts open to challenge under article 263 TFEU?
Also important to know that it is never about opinions and recommendations, because they are not legally binding.
What are the different institutions from who these acts, challenge under article 263 TFEU, can be?
2. Acts by the European Commission
3. Acts by the ECB
4. Acts by the European Parliament
5. Acts by the European Council
6. Acts by body, office or agence
There are 3 types of applicants a categorized by article 263 TFEU. Which are they?
Member states, European Parliament, Council, European Commission
2. Semi-privileged applicants
Court of Auditors, ECB, Committee of the Regions
3. Non-privileged applicant
Natural and legal persons
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There are a few requirements to state when a measure is directly concerned. What are they?
2. The effect of the measure is not dependent on a discretionary power by a third party
4. The measure adversely affects the legal position of the natural or legal person
There are a few requirements when an EU act is legal under article 263 TFEU. What are they?
2. Infringement of essential procedural requirements
3. Infringement of the TEU or TFEU or any law relating to its application
4. Misuse of power
Consequences of a successful action for annulment?
2. Enforcement of judgments is mentioned in art. 280 TFEU jo. 299 TFEU;
3. Compensation for damaged incurred is mentioned in art. 340 TFEU
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