12. Direct action for annulment

Abstract

This chapter focuses on the Treaty provisions providing for judicial review of European Union (EU) law in Article 263 of the Treaty on the Functioning of the European Union (TFEU). It explains the grounds for challenge and the consequences of a successful challenge to EU regulations. The chapter also highlights criticisms of Article 263 TFEU concerning restrictive tests for the admissibility of actions by individuals, and the restrictive attitude to the locus standi of trade associations and pressure groups. The implications of the case law after the Treaty of Lisbon, particularly regarding the term ‘regulatory act’, are explained. It considers the scope of indirect review under Article 277 TFEU. Finally, this chapter examines the provisions of Article 265 TFEU concerning action for failure to act. It discusses the notion of ‘reviewable omissions’, the scope of the EU institutions’ duty to act and the consequences of a successful action.