Locus standi of non-privileged applicants

Alexander H. Türk ()

Chapter 5 in Judicial Review in the European Union, 2025, pp 116-261 from Edward Elgar Publishing

Abstract: Although privileged and non-privileged applicants may challenge an act if it is reviewable, natural and legal persons, as non-privileged applicants, can only bring an action against reviewable acts under the restrictive conditions of Article 263(4) TFEU. This Chapter focuses on the evolution of the standing of non-privileged applicants and examines its requirements. It emphasises that applicants who are not the addressees of the requested act, can challenge it if they would be directly and individually concerned by the requested act. Accordingly, it examines how the notion of ‘addressee’, ‘direct and individual concern’ as well as the meaning of ‘regulatory acts’ can complicate their standing, highlighting that the proposed conceptual framework to determine the legal effects of Union acts is critical to exploring such concepts. It finally explores the interplay between the modified Lisbon regime in Article 263(4) TFEU and effective judicial protection.

Keywords: Article 263(4); TFEU; Non-privileged applicants; Reviewable acts; Standing; Direct and individual concern; Addressee; Regulatory acts (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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