THE PLAUMANN TEST AND THE INCOMPATIBILITY WITH THE PRINCIPLE OF EFFECTIVE JUDICIAL PROTECTION

Abstract

The action for annulment is the judicial remedy used to attack acts edited by the Community institutions. The Treaty on the European Community (EC) says the individuals, to have locus standi conditions, shall demonstrate they are direct and individual affected. The expression direct and individual was written on the Treaty, but it was not explained. The Court of the Justice has defined what it is individual concern, and The Court did this in the Plaumann case. This researches analyses if the Plaumann test coexists with the principle of the effective judicial protection, and if there are other legal alternatives or remedies available to the individuals.

Keywords

• action for annulment
• locus standi
• preliminary references
• effective judicial protection
• individuals