Private Parties in European Community Law: Challenging Community Measures

By Albertina Albors-Llorens | Go to book overview

4
The Locus Standi of Non-Privileged Applicants to Challenge Measures in the Form of Regulations or of Directives

This Chapter will be devoted mostly to the study of the case law of the European Court of Justice in connection with the attempts made by private parties to challenge Commission and Council regulations.1 It has already been seen2 that Article 173 EC Treaty excludes a sensu contrario any binding act other than decisions from the scope of challenge by natural and legal persons. Consequently, regulations and directives3 are, in principle, excluded. However, and with the clear intention of preventing the European institutions from escaping the likelihood of review by choosing the form of a regulation for an act which is in substance a decision, the drafters of the EC Treaty established the principle that a private applicant could bring annulment proceedings against a decision which 'although in the form of a regulation is of direct and individual concern to the former'.4 From the wording of Article 173(2) EEC Treaty, it would seem that three cumulative hurdles need to be overcome by natural or legal persons who wish to challenge a regulation. In the first place, it has to be proved that the measure, albeit in the form of a regulation, is in substance a decision; in the second place, that the decision is of individual concern to the applicant; in the third place, that it is of direct concern.5 However, one feature of the case law in this area which could trouble any observer who wishes to find uniform criteria in the Court's approach to the question of locus standi. This is the fact that two divergent lines seem to emerge from the case law of the Court.

____________________
1
After the Maastricht Treaty amendments, the Council and the Commission are no longer the only Community institutions that can enact regs. In those instances where the new conciliation and veto procedure is applicable regs. may now be adopted jointly by the Council and the European Parliament (see 18 above). The European Central Bank may also enact regs. (Art. 108a (1) EC Treaty as amended by the Maastricht Treaty).
2
See 26 above.
3
For an analysis of the locus standi of non-privileged applicants to challenge dirs., see 170-3 below.
4
Art. 173 (2) EEC Treaty (now Art. 173 (4) EC Treaty).
5
In this respect see the Opinions of Lagrange A. G. in Joined Cases 16-17/62 Confédération Nationale des Producteurs de Fruits et Légumes v. Council [1962] ECR 471 at 484 and of Roemer A. G. in Cases 63/69 and 64/69 La Compagnie Française Commerciale et Financière v. Commission [1970] ECR 205 and [1970] ECR 221 at 215, and Case 65/69 La Compagnie d'Approvisionnement, de Transport et de Crédit v. Commission [1970] ECR 229.

-102-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Private Parties in European Community Law: Challenging Community Measures
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 250

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.