Time-limit in Article 263(6)TFEU

Alexander H. Türk ()

Chapter 7 in Judicial Review in the European Union, 2025, pp 270-281 from Edward Elgar Publishing

Abstract: In the interest of public policy, Article 263(6) TFEU provides that an action for annulment must be brought within two months of the triggering event. This chapter first addresses the intricacies of the triggering events in Article 263(6) TFEU, such as notification, publication and knowledge of the contested act, which is only relevant where the act has not been notified or published and examines the order of precedence between them. It, also, by referring to the Rules of Procedure of the General Court and the Court of Justice, provides a basis for calculating the time-limit triggering events. Furthermore, it highlights the grounds for extending the time limit, such as 'force majeure' and 'unforeseeable circumstances', stressing that the European courts have interpreted these exceptions restrictively. Finally, it explores the challenges of a failure to challenge an act within the time-limit, which renders it definitive.

Keywords: Article 263(6); TFEU; Time-limit; Notifications; Publications; Knowledge; Exceptions; Force majeure (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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