ECJ – General Court – Order of 6 September 2011, Inuit / European Parliament and Council and Judgment 25 October 2011, Microban / Commission – <<Actions for nnulment –Meaning or «regulatory act» – Absence of direct or individual concern>> – A judicial def

Authors

  • Sergio Alonso de León

Keywords:

Regulatory acts, legislative acts, action for annulment, legal standing of private parties, implementing measures, direct concern

Abstract

Article 263.4 TFEU introduces new rules of standing for private parties concerning regulatory acts not entailing implementing measures. The notion of these acts had raised doubts until the General Court has given a definition in cases Inuit and Microban. They are defined as general non-legislative acts, a concept that is to be understood from a formal point of view. This definition clarifies some basic legal concepts in the study of the sources of secondary EU law and sets the limits of the legal standing of private parties before the EU Courts, even though it does not entail a general improvement for the right of access to justice for the citizens.

Issue

Section

CASE LAW COURT OF JUSTICE OF THE EU