Tag Archives: Need to adjudicate

Case T-320/09 Planet AE v Commission: Lack of Legal Basis, Breach of Rights of Defence, Lack of Reasons

Leave a reply

The General Court has handed down a number of interesting judgments lately and we need to catch up after a blogging hiatus.

Let’s start with the judgment of 22 April 2015  in Case T‑320/09 Planet AE Anonymi Etairia Parochis Simvouleftikon Ipiresion v Commission, EU:T:2015:223, in which the Court annulled a series of decisions of the European Anti-Fraud Office (OLAF) requesting the applicant’s registration in the early warning system (‘EWS’) put in place to ostensibly protect the EU’s financial interests.

The interest of the case lies in the fact that the judgment is a sort of text book case of judicial review.  The Court annulled the Commission decisions taken by OLAF on a number of grounds:

  • the Commission had no powers to adopt the measures challenged,
  • the Commission breached the fundamental rights of the applicant,
  • the decisions were not properly reasoned.

Continue reading →