Before the law stands a gatekeeper – Or, what is a “regulatory act” in Article 263(4) TFEU? Inuit Tapiriit Kanatami

Publishers Abstract:

Ever since the ECJ's notorious Plaumann judgment, many private applicants seeking the annulment of EU legislation have waited fruitlessly at the Court's gates. The culprit has always been the restrictive interpretation of locus standi requirements for such annulment actions. The Court's case law in this area has been simultaneously much acclaimed and harshly criticized.

In a series of bold judgments, the Court established the rule of law as a founding principle of the Union legal order and proclaimed the existence of a complete system of legal remedies. The Court's refusal to extend that approach, persisting in imposing highly restrictive standing requirements on private applicants challenging EU legislation, has for many years stirred considerable controversy within the wider EU law community.

Since the dawn of the European Communities, the standing requirements for private applicants before the ECJ have been a deeply divisive issue. The CT opened up an avenue for the strengthening of the judicial protection of those applicants.

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