Chapter 12 Self-test questions

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What is the key test of reviewable acts under Article 263 TFEU?

Reviewable acts are confined to regulations, directives or decisions. correct incorrect

Reviewable acts within the meaning of 263 TFEU include all measures taken by the institutions designed to have legal effect. correct incorrect

Reviewable acts within the meaning of 263 TFEU include all measures taken by the institutions designed to have legal effect, including but not restricted to, informative measures. correct incorrect

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Proceedings challenging the lawfulness of acts of the European Parliament are possible under Article 263 TFEU.

True correct incorrect

False correct incorrect

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Match the following EU institutions, legal entities or individuals with their corresponding right of standing (Locus standi).

European Parliament

Must have direct and individual concern, or only direct concern against a regulatory act which does not entail any implementing measures. Any act which threatens their prerogatives Any binding act under Article 263 TFEU Any binding act under Article 263 TFEU

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Individuals

Any act which threatens their prerogatives Must have direct and individual concern, or only direct concern against a regulatory act which does not entail any implementing measures. Any binding act under Article 263 TFEU Any binding act under Article 263 TFEU

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Commission

Any binding act under Article 263 TFEU Any act which threatens their prerogatives Any binding act under Article 263 TFEU Must have direct and individual concern, or only direct concern against a regulatory act which does not entail any implementing measures.

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Court of Auditors

Any binding act under Article 263 TFEU Must have direct and individual concern, or only direct concern against a regulatory act which does not entail any implementing measures. Any act which threatens their prerogatives Any binding act under Article 263 TFEU

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The CJ and the GC have adopted a very _____________ towards non-privileged applicants seeking to challenge acts addressed to another person.

Your response

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What is the criterion that must be satisfied in order for a 'natural or legal person' to have his claim against an act addressed to 'another person' admissible?

The measure must be of direct concern to them correct incorrect

The measure must be equivalent to a decision. correct incorrect

It must be of individual concern to them. correct incorrect

All the criteria given must be satisfied. correct incorrect

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A measure will be of 'direct concern to the applicant': [Please select all that apply]

if it leaves the Member State addressed no real discretion in implementation correct incorrect

where the decision leaves room for discretion on the part of the Member State. correct incorrect

where the implementation of the decision is automatic or a foregone conclusion. correct incorrect

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Consider the following problem question and select all that apply. James is an importer of cotton into the UK. All his cotton is imported from Egypt. Recently the European Commission authorised the UK government to impose a quota on all cotton imported from Egypt as retaliation for the imposition by Egypt of a similar quota on all cotton imported from the EU. James is the only importer in the EU who exclusively imports cotton from Egypt, and one of few importers who import cotton from Egypt. He now wishes to challenge the Commission's measure. [Please select all that apply]

His application would be admissible because James can be identified as one of few importers affected by the measure. Thus he is individually concerned by the measure. correct incorrect

His application would be admissible because the Commission's measure is more likely to affect him than other importers due to his exclusive import of cotton from Egypt. correct incorrect

James is not individually concerned by the measure, which makes his application inadmissible correct incorrect

James is not individually concerned because there remains the 'theoretical possibility' that other traders might begin to import cotton exclusively from Egypt. correct incorrect

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Infringement of an essential procedural requirement is equivalent to ________ in English law.

Your response

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An action can be brought under Article 277 TFEU to challenge the legality of EU law.

True correct incorrect

False correct incorrect

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An action for failure to act under Article 265 TFEU can only be brought where the failure is in breach of a Treaty obligation, and that obligation is complete and legally perfect.

True correct incorrect

False correct incorrect

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Match each party with its corresponding right of standing (Locus standi) available under Article 265 TFEU.

EU Parliament

Where an institution has failed to act in respect of a measure which would have concerned the applicant in the same way. Locus standi is limited to a failure on the part of the institutions of the Union to adopt what is in essence a decision addressed to the relevant party. 'privileged applicant': enjoys unfettered right to challenge any failure on the part of the Council and the Commission 'privileged applicant': enjoy unfettered right to challenge any failure on the part of the Council and the Commission

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Member States

Where an institution has failed to act in respect of a measure which would have concerned the applicant in the same way. 'privileged applicant': enjoys unfettered right to challenge any failure on the part of the Council and the Commission 'privileged applicant': enjoy unfettered right to challenge any failure on the part of the Council and the Commission Locus standi is limited to a failure on the part of the institutions of the Union to adopt what is in essence a decision addressed to the relevant party.

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Natural or legal persons

Where an institution has failed to act in respect of a measure which would have concerned the applicant in the same way. 'privileged applicant': enjoys unfettered right to challenge any failure on the part of the Council and the Commission Locus standi is limited to a failure on the part of the institutions of the Union to adopt what is in essence a decision addressed to the relevant party. 'privileged applicant': enjoy unfettered right to challenge any failure on the part of the Council and the Commission

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Natural or legal persons vis-à-vis third parties (omission to address a decision to a third party)

Locus standi is limited to a failure on the part of the institutions of the Union to adopt what is in essence a decision addressed to the relevant party. 'privileged applicant': enjoys unfettered right to challenge any failure on the part of the Council and the Commission 'privileged applicant': enjoy unfettered right to challenge any failure on the part of the Council and the Commission Where an institution has failed to act in respect of a measure which would have concerned the applicant in the same way.

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An applicant is unlikely to be able to demand action from an institution under Article 265 TFEU where the requested measure does not ____________ and is procedural in nature.

Your response

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Article 266 TFEU can be invoked in order to impose fines and penalties on institutions whose act has been declared void or whose failure to act has been declared contrary to the Treaty.

True correct incorrect

False correct incorrect