Effects of illegality

Alexander H. Türk ()

Chapter 9 in Judicial Review in the European Union, 2025, pp 360-380 from Edward Elgar Publishing

Abstract: This Chapter explores the Union courts’ jurisprudence on the effects of Union acts that have been found unlawful under Articles 264 and 266 TFEU. Under Article 264 TFEU, Union courts are flexible in mitigating the drastic effects of the annulment of an act, particularly in cases where the act contains procedural defects and where public interests outweigh private interests. In contrast, under Article 266 TFEU, Union courts have limited powers of enforcing their rulings, as they can only guide the institution as to how to implement their judgment. Nonetheless, Union courts have developed wide-ranging obligations for the Union institutions to restore successful applicants to their previous positions. Furthermore, Union institutions have considerable discretion for the adoption of replacing unlawful acts, where those defects are formal rather than substantive. Moreover, this Chapter addresses the interplay between the principle of res judicata and the institutions’ obligations under Article 266 TFEU.

Keywords: Article 264; Article 266 TFEU; Annulment; Illegality; Void; Res judicata (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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