Art 241: The Plea Of Illegality
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Allows applicants to challenge measure they would not have been able to through Art 230. Note that this Art and the above are indirect ways of challenging the validity of a measure by attacking the legal basis on which it is founded. In Simmenthal v Commission it was held that this Art gave the right to challenge the legal basis of a decision of direct and individual concern.

The applicant must still prove (locus standi)

*The grounds for review under Art 241 are the same as those for Art 230.

SUMMARY:

·         A successful Art 230 action requires:

-a reviewable act

-locus standi

-an application within the time limits

-substantive or procedural illegality on the part of the institution.

·         A reviewable act = any act with legal effects that brings about a change in the legal position of the applicant.

·         non-privileged applicant rarely have standing against the institutions as the 'individual concern' requirement is often unassailable. The courts are criticised for their restricting approach to this.

·         In areas of quasi-judicial determinations by the institutions, (e.g. Competition law), the courts have been more lax in allowing standing so as to ensure the protection of individual rights.

·         If someone can bring a challenge under Art 230, the courts will allow them to use Art 234 instead.

Other Notes in this Category

1. Art 241: The Plea Of Illegality
2. Article 230 and 232
3. Democracy within the European Community
4. Grounds for Review
5. Locus Standi

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