Keywords
Summary

Keywords

1. Actions for annulment — Natural or legal persons — Actionable measures — Measures producing binding legal effects — Acts affecting the applicant ' s legal situation — (Art. 230, fourth para., EC)

2. Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need to show a vested and present interest — Assessment at the time the action is brought — (Art. 230, fourth para., EC)

Summary

1. A natural or legal person may challenge, pursuant to the fourth paragraph of Article 230 EC, only measures the legal effects of which are binding on, and capable of affecting the interests of, that person by bringing about a distinct change in his legal position.

see para. 46

2. A claim for annulment brought by a natural or legal person is not admissible unless the applicant has an interest in seeing the contested measure annulled.

The latter must produce evidence of his interest in bringing proceedings, which is an essential and fundamental prerequisite for any legal proceedings.

That interest must be vested and present and is evaluated at the date on which the action is brought.If the interest which an applicant claims concerns a future legal situation, he must demonstrate that the prejudice to that situation is already certain. Therefore, he cannot rely upon future and uncertain situations to justify his interest in applying for annulment of the contested act.

see paras 47, 58