Indirect judicial protection in EC law – the case of the plea of illegality

Abstract:

The action for annulment, set out in Art.230 EC, provides both privileged and non-privileged applicants with an opportunity to challenge Community legal acts directly before the European Court of Justice or the Court of First Instance, as the case may be. However, it ties this option to a short limitation period of two months. At the same time, Art.241 EC states that despite the lapse of that period, Regulations must be open to indirect review in later proceedings. The case law on this legal issue is not always easy to follow and sometimes seems inconsistent. This article strives to bring together both provisions, simultaneously trying to reconcile the two basic legal pronciples behind them, legal certainty and the rule of legality.