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

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


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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