JN204 Lecture Notes - Lecture 18: Legal Personality
19 Nov 2020
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Jn204 lecture 18: per se may be challenged under art. 263 (4) t. f. e. u. without need to show they are disguised. Any legislative act may be challenged by non-privileged applicant so long as direct & individual concern can be shown. Regulation may be regarded having individual concern codorniu sa v council (c- 309/89): initial inability to challenge true regulations under original ex-art. 230 e. c. (now art. 263 (4) t. f. e. u. ) led court to move to a test based more on the facts. Need to look at the actual situation of the individual instead of form of measure in question. Now able to challenge true regulations under art. 263 (4) t. f. e. u. which are of direct & individual concern. Legislative acts individual concern: pre-lisbon, under ex-art. 230 (4) e. c. (now art. 263 (4) t. f. e. u. ) natural/legal persons only allowed to challenge decisions addressed to them, Decisions addressed to another of direct & individual concern to them and.
