Another judgment of the Court of Justice on Article 263 (4) TFEU and what is a “regulatory act not entailing implementing measures”. And again, the Court held on 28 April 2015 in Case C-456/13 P T & L Sugars v Commission that the measure challenged was not “regulatory act not entailing implementing measures”. Does that judgment end the hopes of those who wished for a broader interpretation of Article 263 (4) TFEU and for a loosening of the rules on standing ?
After all, AG Cruz Villalòn was sympathetic to the idea in his Opinion of 14 October 2014 that the measures challenged were indeed “regulatory acts not entailing implementing measures” and advised that the action should be declared admissible.
The Court, in its judgment of 28 April 2015 disagreed and relied on its judgment in Telefonica v Commission C-274/12 P, EU:C:2013:852 (which we noted up in our very first post).
Here’s our second post on the judgment of the Court of Justice in Case C-583/11 P Inuit Tapiriit Kanatami and others v Parliament and Council.
This time, we’ll concentrate on the condition of “individual concern” that individual applicants must meet if they are to have standing to seek the annulment of a measure which is not a regulatory act.
One of the grounds of appeal brought by the appellants in Case C-583/11 P Inuit Tapiriit Kanatami was they claimed the General Court in its Order of 6 September 2011 in Case T-18/10  ECR II-5599 committed errors in the application of the conditions for admissibility of the action. According to settled case-law, a natural or legal person is entitled to bring an action for annulment of an act which is not a decision addressed to that person only if the person is directly and individually concerned by it.
Had the Lisbon Treaty changed that ?