Action for annulment: Conclusion

Alexander H. Türk ()

Chapter 10 in Judicial Review in the European Union, 2025, pp 381-383 from Edward Elgar Publishing

Abstract: Private parties are subject to stricter standing requirements than privileged and semi-privileged applicants in actions for annulment under Article 263 TFEU. While the Lisbon Treaty and Union case law have widened the scope of annulment actions, private parties cannot easily determine the legal effects of Union acts and therefore challenge them. This book argues that only acts that produce primary legal effects by imposing obligations on and/or conferring rights on a natural or legal person, which does not have to be the applicant, should be considered reviewable within the meaning of Article 263 TFEU. Consequently, it provides a comprehensive definition of reviewable acts. Furthermore, the suggested legal effects framework can provide greater clarity on the legal concepts necessary for the assessment of the standing of private parties and therefore ensure compliance with the principle of effective judicial protection.

Keywords: Legal effects framework; Article 263(4); TFEU; Article 263 TFEU; Standing requirements (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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