Tag Archives: Own motion

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

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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.

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Cases C-132/12 P Stichting Woonpunt and C-133/12 P Stichting Woonlinie – standing – regulatory acts not entailing implementing measures – sua sponte

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Here we go again…. Two more judgments of the Court of Justice on the issue of standing and the “regulatory acts which do not entail implementing measures” business in Article 263 (4), third limb, TFEU. On this, se our previous posts here, here and here.

In its judgments of 27 February 2014 in Case C-132/12 P Stichting Woonpunt and others v Commission, unpublished, and Case C-133/12 P Stichting Woonlinie and others v Commission, unpublished, the Court of Justice did two things, one of which is really interesting.

  1. First, it held that even if the plaintiffs did not meet all the conditions required for their actions to be admissible under the amendment to Article 263 (4) TFEU made by the Lisbon Treaty which relaxed the conditions of admissibility of actions for annulment brought by natural and legal persons against acts of the EU institutions, the General Court made a mistake in law by failing to examine whether they did or not. And that is an interesting insight about how that new, relaxed rule on standing should be applied.
  2. Second  – not so exciting – it held that the actions for annulment in these cases were admissible according to the traditional test of individual and direct concern in Plaumann.

Let’s see in more detail.

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