Annulment Action: Requirements, Applicants, and Justification

Action for Annulment- 263. Challenge? 263- NOT recommendations + opinions.

1) Privileged applicant? Have interest- MS, EP, council, commission.

2) Semi-Privileged applicant? Where their rights are affected, the Court of Auditors, the European Central Bank, and the Committee of the Regions.

3) Non-Privileged Applicant? In this case, the claimant must have required standing, the position of claimant in relation to the act, not standing a claim will not be considered.

Direct Concern

The test for direct concern is if a claimant's legal situation is directly affected without discretion.

Individual Concern

The test for individual concern requires a claimant to be able to distinguish himself by way of some peculiar attribute. The CJEU can only review acts within its jurisdiction.

Claims are dismissed if not made within 2 months of publication/notification/knowledge of the claimant.

Anull-Lack of competence, Infringement of an essential procedural requirement, Infringement of the Treaties, Infringement of any rule of law related to application of Treaties.

Justify annulment

278/279, void under 264. Failure to act 265. Who can challenge? MS, institution of the union, legal persons.