Question 1

Which EU institution in the following list is NOT a privileged applicant under Article 263 TFEU?&#10;A) The Council&#10;B) The ECB&#10;C) The EP

Accepted Answer

The European Central Bank (ECB) is not considered a privileged applicant under Article 263 of the Treaty on the Functioning of the European Union (TFEU). Privileged applicants, who can bring cases directly to the Court of Justice of the European Union without needing to prove direct and individual concern, include Member States, the European Parliament, the Council, and the Commission, but not the ECB.

Question 2

For non-privileged applicants under Article 263 TFEU what case explains the test for&#10;A) Case 25/62 Plaumann&#10;B) Case C-50/00P Uni&#10;C) Case T-177/01 J

Accepted Answer

Case 25/62 Plaumann established the Plaumann test, which sets a high threshold for standing as a non-privileged applicant under Article 263 TFEU. To have standing, the applicant must show that they are individually and directly affected by the act or decision, i.e. that the act or decision must produce legal effects that are binding on and capable of affecting the applicant's interests in a manner that is both definite and immediate. The court also added that the threshold is not met when an applicant is only affected by an act in a merely hypothetical or indirect way.

Answer: B
 Case C-50/00P Uni established that the Plaumann test applies not only to regulations and decisions addressed to the addressee or to a narrow and specific circle of addressees, but to all acts of general application, no matter to whom they are addressed. The court ruled that the mere possibility that a non-privileged applicant may be affected by such an act does not give them standing, as the Plaumann test requires a definite and immediate legal effect on the applicant's interests.

Answer: C
 Case T-177/01 J dealt with an action for annulment brought by a natural person against a Council decision to impose measures concerning the applicant's property in connection with the fight against terrorism. The court held that the Plaumann test was not satisfied, as the decision did not produce a definite and immediate legal effect on the applicant's interests, but only a potential future effect depending on the outcome of pending criminal proceedings against the applicant. Therefore, the applicant did not have standing under Article 263 TFEU.

Question 3

In order to establish locus standi under Article 263 TFEU non-privileged applicants who wish to challenge non-regulatory acts, must establish:&#10;A) That they are directly and individually concerned by the relevant act&#10;B) That they are directly concerned by the relevant act&#10;C) That they are individually concerned by the relevant act

Accepted Answer

Non-privileged applicants who wish to challenge non-regulatory acts under Article 263 TFEU must establish that they are directly and individually concerned by the relevant act. This means they must show that the act affects them directly and personally, rather than affecting them only as part of a larger group.

Question 4

What is the purpose of Article 265 TFEU actions?&#10;A) To challenge the validity of an act of an EU institution.&#10;B) To challenge the actions of one of the Member States.&#10;C) To compel an EU institution to act.

Accepted Answer

Article 265 of the Treaty on the Functioning of the European Union (TFEU) allows for actions to be brought to compel an EU institution, body, office, or agency to act when it has failed to do so, as required by the Treaties.

Question 5

In which of the situations set out below can an applicant, who has lodged a complaint notifying the relevant EU institution of its failure to act, bring proceedings before the Union courts against that EU institution for failure to act?

A) When the relevant EU institution adopts a decision contrary to that requested by the applicant.
B) When the relevant EU institution adopts a decision rejecting the applicant
C) When the relevant EU institution remains silent for more than 2 months after having received a complaint from the applicant.

Accepted Answer

According to Article 265 of the Treaty on the Functioning of the European Union, an applicant can bring proceedings before the Union courts against an EU institution for failure to act only after it has given the EU institution two months to reply to a complaint notifying it of its failure to act. Therefore, only option C, where the relevant EU institution remains silent for more than 2 months, would allow the applicant to bring proceedings before the Union courts. Options A and B, where the EU institution adopts a decision, would not be applicable in this case.

Question 6

In which of the three situations set out below can a non-privileged applicant establish that he is individually concerned by a measure adopted by an EU institution?&#10;A) Where the applicant is the only one in a particular Member State who is affected by that measure.&#10;B) Where the measure concerns specific activities carried out by the applicant, for example, importing of clementines from Egypt.&#10;C) Where, at the request of the relevant national authorities, the Commission adopted a measure confirming a position taken by the relevant national authorities with regard to the applicant.

Accepted Answer

The answer of In which of the three situations set...

Deck 15: Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part I Articles 263, 277 and 265 Tfeu