Proceedings for annulment

The proceedings for annulment is a recourse of Community legislation envisaged to article 230 of the Traité establishing the European Community. With this recourse, the applicant can ask for the cancellation of a Acte of all Institution Community, except for the acts of the European Council, these acts having to be décisoires . This recourse returns within the framework of the control of legality of the derived Community legislation.

Admissibility

Times

The recourse must be formed 2 months as from the publication of the act, or its notification to the interested party.

Applicants

Institutional applicants

the Commission, the the Council and the Member States can form proceedings for annulment.
the the European Parliament, the European Central bank and the European Court of Auditors must they, contrary to the privileged institutions, to show that their recourse tends to safeguard their respective prerogatives.

The institutional applicants can attack only the directives and the payments

Particular applicants

A private individual, moral Natural person or , can also exert proceedings for annulment against a decision whose it is the object. It is however almost impossible to the private individuals to ask for CJCE the cancellation of a payment, which is very disputed by the doctrines.

The invocables means

It is necessary to have very precise reasons, i.e. means, to obtain the cancellation of an act:

the institution which made the act was inefficient.
one can consider that the act must be cancelled because the Procédure was not thus respected there is a legal flaw.
violation of the Treaty, in contradiction with the original right.
misuse of power i.e. an institution took a note which does not have any public interest (enough rare).

Cancellation of an act: It is made as if the act had never existed, but if an institution continues to use this act although the Court of justice of the European Communities cancelled it, one can make a Appeal against it inaction.

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