The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument.
Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing where a measure affected him in law definitely and immediately and so as to restrict his rights. Access to justice is a fundamental right, and the former rule denied such access.
Judges:
B. Vesterdorf, President and Judges K. Lenaerts, J. Azizi, N. J. Forwood and H. Legal
Citations:
Times 31-May-2002, [2002] EUECJ T-177/01, [2002] All ER (EC) 932, [2002] ECR II-2365, [2003] 2 WLR 783, [2002] 2 CMLR 44, [2003] QB 854
Links:
Statutes:
Charter of Fundamental Rights of the European Union, EC Treaty 230(4)
Jurisdiction:
European
Citing:
Doubted – Plaumann v Commission EEC (Order) ECJ 31-Aug-1962
ECJ (Order) The applicant bases its application on the claim that, even if in the main action the court were to annul the refusal of the commission to grant to the federal republic of germany an import quota for . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 06 June 2022; Ref: scu.172285