Appeal for Annulment
AN appeal for review and annulment of an allegedly illegal act of a Community organ is the most powerful weapon legal and natural persons and Member States have to protect their interests. To convey its fun breadth and power, the following aspects will be examined:
Nature and types of acts whose legality may be appealed; Parties which may appeal to the Court; Conditions under which an appeal may be lodged; Grounds of illegality of an act; Effects of an appeal and of a stay of execution.
These requirements are, in a way, mutually complementary and dependent. The type of an act already predetermines the extent of a right of appeal of a person and vice versa. This in turn conditions the grounds of illegality which may be charged. Considering the nature of an act the Court will most likely be influenced by the person of the appellant, i.e., whether the appellant is a legal or natural person or a Member State. Thus these requirements are individual links which together form an organic part of a closed circle.
The nature of acts of the European Communities determines the extent of judicial protection individuals are to enjoy. 'The right to appeal . . . is to be judged by the status of the appellant and by the nature of the act appealed. Even though the appellant does enjoy the right to appeal, its extent may differ depending on the nature of the act appealed.'1 A critical____________________