Chapter 7 Self-test questions

. What kind of action may be brought under Article 258 TFEU?

Action for annulment.

Action for damages against an EU institution.

Enforcement action against a Member State.

Action under the third pillar of the Treaty on European Union.

. Although Article 260 (2) TFEU specifies that the Court of Justice can impose a lump sum or a penalty on a Member state for not complying with its judgment, case law suggest that it could impose both a lump sum and a penalty.

True

False

. Which acts may be challenged under Article 263 TFEU?

Any act of a legislative EU institution.

Regulations, directives, recommendations and opinions.

Regulations and directives.

Any act adopted by EU institutions, bodies, offices or agencies intended to have legal effect.

. What is meant by 'locus standi'?

The grounds of challenge.

The act under challenge.

The 'standing' or right to bring proceedings.

The jurisdiction of the General Court in relation to Article 263 actions.

. Who can challenge what?

Any act which constitutes the final statement of an institution's position and produces legal effect

.

Act which is addressed to the applicant. Legislative acts where they can establish that they are directly and individually concerned. Where the applicant is directly concerned by a regulatory act which does not entail implementing measures

.

Can only protect their prerogatives

.

Treaties

. What term is often applied to individual applicants under Article 263?

Privileged applicants.

Non-privileged applicants.

Direct applicants.

Concerned applicants.

. Which test was set out by the Court of Justice in Plaumann?

The test for 'individual concern'.

The test for 'locus standi'.

The test for 'public body'.

The test for 'non-privileged applicant'

. What are the potential consequences of a successful action under Article 263? Please select all that apply.

The EU institution which enacted the measure will be fined.

The measure may be annulled in part.

The measure may be annulled in whole.

The Treaty article which formed the legal base of the measure will be revised.

. What term is used to describe the possibility for the applicant to rely on the grounds for an Article 263 TFEU action, where an act of general application is at issue, in order to allege that the act is inapplicable in that case?

Proportionality.

Objective justification.

Plea of illegality.

Treaty derogation.

. It is very difficult for individuals to complain under article 265 TFEU (failure to act) because they could, within the framework of direct action, only challenge a failure to adopt a Decision which would be addressed directly to them.

True

False

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