Chapter 9 Self-test questions

Article 263 TFEU is concerned with the judicial review of Acts of the Community institutions.

True

False

In considering the admissibility of Art. 263 TFEU actions, which of the following elements must be satisfied?

The time limit and standing (locus standi).

The act and institution involved.

The act and time limit.

The act and institution involved, as well as the time limit and standing (locus standi).

Reviewable Acts are those limited to those under Art. 288 TFEU.

True

False

Which of the following is the meaning of the locus standi of an applicant?

The right to mount a legal challenge.

From where the applicant comes.

In front of which court the challenge is made.

The applicant's official title.

The non-privileged applicants are not permitted to challenge any legal Act of the institutions at all.

True

False

Once admissibility has been established, the grounds or merits must be proved, which may be which of the following?

Any ground pleaded by the applicant.

Only those approved by the European Court of Justice.

Those laid down in Art. 263(2) TFEU .

Those taken from a review of the laws of the member States.

Article 265 TFEU concerns actions against the European Parliament, the Council, or the Commission for a _______ __ ___ and constitutes an attempt to compel the institution or institutions concerned to take action.

An Art. 340 TFEU action for damages can only be commenced after successfully challenging the EU Act that caused the damage.

True

False

The locus standi requirement for Art. 340 TFEU actions is more difficult for individuals than that for Art. 263 TFEU actions.

True

False

Liability for damage caused by legislative Acts incurs on which of the following bases?

The same as that for administrative Acts.

The same as that for acts of the employees of the institutions.

A much lower one than that for other causes of damage.

Only on account of a legislative measure that involves choices of economic policy if a sufficiently flagrant violation of a superior rule of law for the protection of the individual has occurred or under the new Bergaderm formulation a rule of law intended to confer rights on individuals.

Quiz Content