litigation in the UK – EU LAW

EU LAW UNIT V: Litigation A. Preliminary Rulings (indirect action) РArticle 267 TFEU 1. Objective of the procedure РOpinion 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 РCase 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 РCase 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 РCase C-99/00 Lyckeskog [2002] ECR I-4839 7. Precedent РCases 28-30/62 Da Costa [1963] ECR 31 8. Acte Clair РCase 283/81 CILFIT [1982] ECR 3415; Case C-224/01 K̦bler [2003] ECR I-10239 9. Admissibility РCase 104/79 Foglia v. Novello [1980] ECR 745 10. Expedited procedure, Art. 267(4) TFEU B. Action for Annulment (direct action) РArticle 263 TFEU 1. Objective of the procedure 2. Jurisdiction of the General Court and the ECJ 2. Reviewable Acts, Art. 263(1) TFEU РCase 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 РCase C-583/11 P Inuit (ii) Direct concern c. Legislation, STANDING ONLY IF (i) Direct concern РCase 41/70 International Fruit Company [1971] ECR 411 (ii) Individual concern РCase 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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