Locus standi rules for challenges to regulatory acts by private applicants: the new art. 263(4) TFEU

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Series Details Vol.35, No.4, August 2010, p542-550
Publication Date August 2010
ISSN 0307-5400
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Argues for a broad interpretation of the Treaty on the Functioning of the European Union art.263(4) and, in particular, that "regulatory acts" should include regulations so as to enable private litigants to challenge regulations directly, even where they are also legislative acts within the meaning of art.289(3). Considers the Treaty's drafting history, a purposive approach to art.263(4), rulings on the validity of regulations through references from national courts under art.267, procedural consequences regarding time limits and the plea of illegality under art.277, and grounds for challenges to legislative acts.

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