Legal interest

Alexander H. Türk ()

Chapter 6 in Judicial Review in the European Union, 2025, pp 262-269 from Edward Elgar Publishing

Abstract: Non-privileged applicants, apart from meeting the standing requirements of Article 263(4) TFEU, must also demonstrate an interest in seeing the contested measure annulled. The Union courts emphasise that the legal interest requirement ensures that they do not have to deliver opinions or answer theoretical questions. This Chapter delves into the notion of legal interest, highlighting the uncertainty of its conditions. Also, it emphasises that applicants must demonstrate certain, rather than hypothetical, prejudice throughout the entire proceedings. Furthermore, it evaluates the existence of a legal interest in cases concerning acts that do not produce any adverse legal consequences for the applicant. Finally, it questions the need for a separate requirement of a legal interest in relation to admissibility requirements under Article 263 TFEU.

Keywords: Annulment; Legal consequences; Benefit; Legal interest; Vested and present; Admissibility requirements (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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