Chapter 7 Self-test questions

Quiz Content

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

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. 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.

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. Which acts may be challenged under Article 263 TFEU?

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. What is meant by 'locus standi'?

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. Who can challenge what?

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

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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

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Can only protect their prerogatives

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Treaties

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

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

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

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. 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?

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. 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.

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