Source: All England Reporter
Publisher Citation: [2002] All ER (D) 362 (Jul)
Court: Court of Justice of the European Communities
Judge:

Judges Rodríguez Iglesias (President), Jann, Macken, Colneric and von Bahr (Presidents of Chambers), Gulmann (Rapporteur), Edward, La Pergola, Puissochet, Wathelet, Schintgen, Skouris and Cunha Rodrigues
Judgment Dates: 25 July 2002

Catchwords

European Community - Procedure - Action for annulment - Admissibility - Concept of individual concern - Court of First Instance declaring application inadmissible on ground that applicant not individually concerned by regulation where no domestic legal remedy existing to challenge validity of measure - Whether Court of First Instance erring - Article 230 EC (formerly EC Treaty, art 173).

The Case

A natural or legal person was unable to seek direct action, under art230EC, before the Community courts for annulment of a Community measure of general application. The proper mechanism by which an applicant could challenge the measure before the Community courts was to seek a legal remedy through the national courts relative to the Community measure which could question the validity of that measure by way of a preliminary reference. That interpretation was not altered by the principle of the right to effective judicial protection if such a domestic remedy was unavailable. It was for the member state concerned to amend its national rules to enable such a remedy.

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