Friday, May 4, 2012

IBM v. Commission case brief

IBM v. Commission (what acts may be challenged directly in court of justice?)
Art. 230 - Proceedings may be brought for a declaration that the acts of Council and the Commission other than recommendations and opinions are void.
Any measure the legal effects of which are binding on, and capable of affecting the interests of the applicant by bringing about a distinct change in his legal position is an act or decision which may be the subject of an action under art. 230 for a declaration that it is void.
Can not be a PROVISIONAL MEASURE intended to pave the way for the final decision.
Holding:  Neither the initiation of a procedure nor a statement of objections may be considered, on the basis of their nature and the legal effects they produce, as being decisions within the meaning of art. 230 treaty which may be challenged in an action for a declaration that they are void.
Notes: Internal administrative guidelines usually do not have the legal effects necessary for judicial review under EC Treaty art. 230.  In principle, internal guidelines have effects only within the administration itself and give rise to no rights or obligations on the part of third parties.
-Acts not producing legal effects which are binding on and capable of effecting the interests of the individual, such as confirmatory measures and implementing measures...mere recommendations and opinions...and, in principle, internal instructions cannot be challenged under Art. 230.

Private Party Standing to Seek Judicial Review
Does the P have standing - whether the measure is “of individual concern” to the P.

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