COCOO O2.COMPLAIN V EU.ACTS

The time limit to submit a complaint (formally called an action for annulment) to  (GCEU) is 2 months and 10 days from the date of publication of the decision or notification to the affected party. Difference Between a Complaint (Annulment Action) and an Appeal

  1. Complaint=Annulment Action (Article 263 TFEU):
    • Filed directly with the General Court to annul a specific *EU.ACT (ex the EC decis approving the Bulgarian sa scheme).
    • Grounds include:  Lack of competence; Breach of procedural requirements; Misuse of powers; Violation of EU law
    • If successful, the decision is annulled and rendered void.
  2. Appeal (Article 256 TFEU):
    • If the General Court issues a judgment on the annulment action, the losing party may appeal the decision to the Court of Justice of the European Union (CJEU).
    • Appeals are limited to legal grounds (e.g., errors of law in the General Court’s decision).
    • Time Limit for Appeal: 2 months from the notification of the General Court’s judgment.

A complaint against the Commission’s decision can be brought on the following grounds:

  1. Lack of Competence: The Commission acted outside its legal authority.
  2. Infringement of Essential Procedural Requirements: The approval process was flawed (e.g., insufficient assessment, lack of transparency).
  3. Breach of EU Law: The decision violates substantive or procedural EU law.
  4. Misuse of Powers: The Commission acted with improper motives or in bad faith

*EU.ACT:

Under Article 263 of the Treaty on the Functioning of the European Union (TFEU), certain EU acts can be challenged via an action for annulment before the General Court of the European Union (GCEU). The provision outlines which acts can be subject to judicial review. Here’s the complete list:

1. Legislative Acts

  • These are laws adopted by the European Parliament and the Council following the legislative procedure (ordinary or special).
  • Examples: Regulations, directives, and decisions adopted as formal legislation.

2. Acts of EU Institutions, Bodies, Offices, or Agencies

  • Non-legislative acts adopted by:
    • European Commission (e.g., state aid approvals, competition decisions).
    • Council of the European Union (e.g., decisions on sanctions).
    • European Parliament (e.g., resolutions or administrative acts).
    • European Central Bank (ECB) (e.g., monetary policy decisions).
    • European Union agencies or bodies (e.g., ECHA, ESMA, EFSA).
  • These acts must produce legal effects for third parties.

3. Decisions Addressed to Specific Persons

  • Individual decisions directly affecting Member States, companies, or individuals.
  • Examples:
    • A Commission decision approving state aid for a specific Member State (like Bulgaria’s €590 million grant).
    • Decisions imposing fines on companies for violating competition law.

4. Acts of General Application

  • These are regulations, directives, or decisions that are not addressed to specific individuals but affect them indirectly.
  • They must:
    • Produce binding legal effects.
    • Be of general application across the EU or a sector.
  • Examples: General regulations on renewable energy targets, climate action policies, or financial regulations.

5. Acts Adopted by Bodies that Infringe Procedural Rules

  • Acts that were adopted without following the required legal procedure.
  • Example: A decision taken by the Commission without adequate consultation or transparency.

Acts That Cannot Be Challenged

  1. Preparatory Acts: Acts leading up to the adoption of final measures (e.g., draft proposals).
  2. Recommendations and Opinions: These are non-binding instruments.
  3. Internal Acts: Measures with no legal effects outside the EU institution.

Summary Table: EU Acts Subject to Complaint

Category Examples
Legislative Acts Regulations, directives, decisions adopted under legislative procedures.
Acts of EU Institutions Commission decisions on state aid, competition, sanctions, or approvals.
Decisions Addressed to Specific Persons Fines for companies, approval of specific projects or national schemes.
Acts of General Application Rules with binding effects on industries, citizens, or the market.
Procedurally Flawed Acts Acts adopted without proper consultation or due process.

To challenge any of the above acts, it must produce legal effects and directly impact the applicant.

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