EU LAW UNIT V: Litigation A. Preliminary Rulings (indirect action) – Article 267 TFEU 1. Objective of the procedure – Opinion 1/09 [2011] ECR I-1137 2. Heads of ECJ jurisdiction a. Interpretation of primary law, Art. 267(1)(a) TFEU b. Interpretation of secondary law, Art. 267(1)(b) TFEU – Case C-106/89 Marleasing [1990] ECR I-4135 c. Validity of secondary law, Art. 267(1)(b) TFEU 5. References a. by any court or tribunal of a member state, Art. 267(2) TFEU – Case 246/80 Broekmeulen [1997] ECR I-4961 b. Discretion 6. Mandatory references by a court against whose decisions there is no judicial remedy, Art. 267(3) TFEU – Case C-99/00 Lyckeskog [2002] ECR I-4839 7. Precedent – Cases 28-30/62 Da Costa [1963] ECR 31 8. Acte Clair – Case 283/81 CILFIT [1982] ECR 3415; Case C-224/01 Köbler [2003] ECR I-10239 9. Admissibility – Case 104/79 Foglia v. Novello [1980] ECR 745 10. Expedited procedure, Art. 267(4) TFEU B. Action for Annulment (direct action) – Article 263 TFEU 1. Objective of the procedure 2. Jurisdiction of the General Court and the ECJ 2. Reviewable Acts, Art. 263(1) TFEU – Case 22/70 Commission v Council [1971] ECR 263; Case 60/81 IBM [1981] ECR 2639 3. Privileged Applicants, Art. 263(2),(3) TFEU 4. Standing of Natural and Legal Persons, Art. 263(4) TFEU a. Decisions b. Regulatory acts (i) Normative acts of the Commission – Case C-583/11 P Inuit (ii) Direct concern c. Legislation, STANDING ONLY IF (i) Direct concern – Case 41/70 International Fruit Company [1971] ECR 411 (ii) Individual concern – Case 25/62 Plaumann [1963] ECR 95 5. Time limit, Art. 263(6) TFEU 6. The consequences of illegality, Art. 264 TFEU C. Grounds of Review 1. Competences and procedure 2. General principles, fundamental rights and ultra vires review
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