Derogación de reglamento, pérdida de objeto del recurso y tutela judicial. Comentario al asunto C-289/21, IG, STJUE (sala quinta) de 24-11-22

Abstract

This comment examines the ruling of the Court of Justice of the European Union in case C-289/21, IG. The subject-matter of this case was the compatibility with Article 47 of the Charter of Fundamental Rights of a procedural rule according to which, a case was devoid of object if it was previously derogated. Whilstthe CJEU indicated that such mechanism was not incompatible with the principle of equivalence it held that it was irreconcilable with the principle of effectivity and Article 47 as it did not guarantee the examination of the effects of the rule on the plaintiff.

Keywords

• regulation
• derogation annulment
• proceeding devoid of purpose