The doctrine of 'locus standi' of the CJEU

Abstract

To what extent can a non-privileged applicant who wishes to challenge an act of the EU have recourse to the action of annulment of a particular EU law or EU provision by invoking Article 263 of the Treaty on the Functioning of the European Union (TFEU)? What requirements and standing conditions must be satisfied by private applicants who may want to initiate annulment proceedings through a judicial review?

The provision regulating 'standing' or the locus standi for non-privileged applicants establishing an action for annulment. remained unchanged from the time of the signing of the Treaty of Rome in 1957 until the entry into force of the Treaty of Lisbon. which 'introduced an extension of locus standi for private claimants by amending Article 263(4) TFEU'. In other words, for over sixty years, the provision always required direct and individual concern. before a private individual as a non-privileged applicant could start an annulment action or procedure to challenge an act of the EU. However. scholars argue that 'it is far from clear to what extent the existing framework has actually been reformed. The CJEU has not yet had the opportunity to define the term "regulatory act".

Today, both privileged and non-privileged applicants may initiate an action for annulment from the signing of the EEC Treaty in 1957 onwards. More specifically. what has changed with the Lisbon Treaty is that now there is an additional possibility open for non-privileged applicants where they can challenge regulatory acts. for which they would not need to show individual concern. Moreover. the Treaty of Lisbon may be invoked to challenge an act issued by any of the EU institutions. which include the European Central Bank. the European Council. and other EU bodies. offices. and agencies. These institutions could be challenged on grounds that may include lack of competence, infringement of an essential procedural requirement. infringement of the Treaties or of any rule of law relating to their application. or misuse of powers. and importantly, any claim which is of direct and individual concern, and intended to produce legal effects in relation to the applicant.

This paper focuses on natural and legal persons as non-privileged applicants, and will discuss their rights of recourse to the action of annulment under Art. 263(4) TFEU. The discussion merges with the doctrine of the locus standi of the Court of Justice of the EU. and is supported with relevant EU case-law for further understanding of the argument in question.