Annulment

An action for annulment is a legal procedure whereby parties can request the Court of Justice of the European Union (CJEU) to rule on the legality of EU acts.

The CJEU can review the legality of:

• legislative acts such as regulations, decisions and directives;
• acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions;
• acts of the European Parliament and of the European Council intended to produce legal effects vis-à-vis third parties; and
• acts of EU bodies, offices or agencies intended to produce legal effects vis-à-vis third parties.

Actions for annulment may be brought by the following three types of applicant.

• Privileged applicants. The EU countries, the European Parliament, the Council and the European Commission may bring an action for annulment purely in the interests of legality, without proving any particular interest.
• Semi-privileged applicants. The European Central Bank, the European Court of Auditors and the European Committee of the Regions may bring an action for annulment only to protect their own prerogatives.
• Non-privileged applicants. All individuals and legal persons, including regional or local governments, may bring an action for annulment only if they prove that the contested act is addressed to them or, if it is not addressed to them, that it is of direct and individual concern to them. They may also bring such an action against a regulatory act that is of direct concern to them and does not entail implementing measures.

Grounds for the annulment of an act include:

• lack of competence;
• infringement of an essential procedural requirement;
• infringement of the EU treaties or of the Charter of Fundamental Rights;
• infringement of any rule of law relating to the application of the treaties; and
• the misuse of powers.

Effects of annulment. When the CJEU rules that an act is void, the effect of annulment is generally from the point of the adoption of the act in question (ex tunc) but may also be from the date of the CJEU’s judgment (ex nunc). In addition, the CJEU may rule to maintain the effects of the annulled act.

The author of the annulled act must take the necessary measures to comply with the CJEU’s judgment.

SEE ALSO

• Charter of Fundamental Rights
• Council of the European Union
• Court of Justice of the European Union
• Decision
• Directive
• Distribution of competences
• European Central Bank
• European Commission
• European Committee of the Regions
• European Council
• European Court of Auditors
• Regulation
• Treaties
• Annulment of legal acts by the Court of Justice (summary).