Legal Grounds for Annulment and Liability in EU Law
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Grounds for Annulment of EU Acts
Under EU law, there are several grounds upon which an act can be challenged and annulled. These include:
Lack of Competence
This occurs when an institution does not possess the necessary power to act. It can manifest by exercising a power not conferred upon it, exercising a non-existent power, or encroaching on the powers of another institution.
Case Example: In Germany v European Parliament and Council (Tobacco Advertising), a directive banning tobacco advertising was annulled because it was primarily a public health measure, a field where the EU had limited competence at the time.
Infringement of an Essential Procedural Requirement
EU law imposes essential procedural requirements as safeguards. A failure to follow