Topic: How can an individual gain access to the Community Courts ECJCFI

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Topic How can an individual gain access to the
Community Courts (ECJ/CFI)?

• Introduction The ECJ no ordinary
  (international) court
• 1. Direct and Indirect Access to the Community
  Courts
• 2. Individual Access in Practice

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The ECJ no ordinary (international) court

• The ECJ may act in different capacities
• (1) as a constitutional or administrative court
  (determining whether EC institutions are acting
  within the scope of their powers, reviewing the
  legality of EC measures, etc.)
• (2) as an international court (dealing with
  conflicts between Member States or between the
  Commission and Member States, etc.)

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The ECJ no ordinary (international) court

• (3) as a civil court (hearing disputes over
  contracts concluded by the EC, usually on appeal
  from the CFI)
• (4) as an appeal court (from the CFI in direct
  actions brought by individuals and companies
  against EU institutions and other bodies).

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Section 1. Direct and Indirect Access

• 1.a. Direct Access (to the CFI) Actions for
  Annulment (Art. 230 EC)
• 1.b. Indirect Access (to the ECJ) via National
  Courts References for a Preliminary Ruling
  (Art. 234 EC)
• 1.c. Indirect Access (to the ECJ) via the
  Commission Actions for Failure to Fulfil
  Obligations (Art. 226 EC)

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1.a. Direct Access (to the CFI) Actions for
Annulment Article 230(4) EC

• Any natural or legal person may, under the same
  conditions, institute proceedings against a
  decision addressed to that person or against a
  decision which, although in the form of a
  regulation or a decision addressed to another
  person, is of direct and individual concern to
  the former.

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1.b. Indirect Access (to the ECJ) via National
Courts References for a Preliminary Ruling (Art.
234 EC)

• The Court of Justice shall have jurisdiction to
  give preliminary rulings concerning
• (a) the interpretation of this Treaty
• (b) the validity and interpretation of acts of
  the institutions of the Community

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1.c. Indirect Access (to the ECJ) via the
Commission Actions for Failure to Fulfil
Obligations (Art. 226 EC)

• See e.g. Case C-362/01, Commission v. Ireland
  2002
• For a case where a penalty was imposed on a MS
  for failure to comply with a decision of the ECJ
  see Case C-387/97, Commission v. Greece 2000

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Section 2. Individual Access in Practice

• 2.a. Direct Access A Strident Interpretation of
  the Standing Rule under 230 EC
• 2.a.1. Privileged applicants and non-privileged
  applicants
• 2.a.2. Standing rule for individuals
  (non-privileged applicants) The problematic
  notion of direct and individual concern
• 2.b. Indirect Access (Art. 234) The Most
  Realistic Way to Gain Access to the ECJ

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Standing rule for individuals (non-privileged
applicants)

• Article 230 EC restricts the locus standi of
  individuals to actions against 3 types of
  decisions
• (1) a Decision addressed to the applicant
• (2) a Decision addressed to a third party which
  is of direct and individual concern to the
  applicant
• (3) a Decision in the form of a Regulation (i.e.
  a disguised Decision), which is of indirect and
  individual concern to the applicant

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INDIVIDUAL CONCERN THE PLAUMANN TEST

• In the Plaumann ruling (Case 25/62 1963), the
  ECJ held that Plaumann, a clementine importer,
  was not individually concerned by the Commission
  Decision refusing the German application for
  permission to reduce the duty on imports of
  clementines.

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INDIVIDUAL CONCERN THE PLAUMANN TEST

• The ECJ held, in Plaumann that persons other
  than the addressees of a decision can only claim
  to be individually concerned if
• that decision affects them by reason of certain
  attributes which are peculiar to them or
• by reason of circumstances in which they are
  differentiated from all other persons and by
  virtue of these factors distinguishes them
  individually just as in the case of the person
  addressed.

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Grounds for challenging acts

• Lack of competence (i.e. ultra vires, lack of
  jurisdiction or authority to act)
• Infringement of an essential procedural
  requirement (e.g. failure to provide reasons for
  acts)
• Infringement of the Treaty or any related rule of
  law (e.g. legal certainty, proportionality,
  fundamental rights, etc.)
• Misuse of powers (i.e. when a power is used for
  an illegal end or in an illegal way).

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Case C-159/90 SPUC v. Grogan 1991

• The High Court referred the following questions
  to the Court of Justice for a preliminary ruling
• "1. Does the organized activity or process of
  carrying out an abortion or the medical
  termination of pregnancy come within the
  definition of 'services' provided for in Article
  60 of the Treaty establishing the European
  Economic Community?

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Case C-159/90 SPUC v. Grogan 1991

• 3. Is there a right at Community law in a person
  in Member State A to distribute specific
  information about the identity, location and
  means of communication with a specified clinic or
  clinics in Member State B where abortions are
  performed, where the provision of abortion is
  prohibited under both the Constitution and the
  criminal law of Member State A but is lawful
  under certain conditions in Member State B?"