The locus standi of private applicants before the Court of Justice of the European Union after Lisbon treaty

Abstract

The action for annulment is effective remedy for private applicants in protection of their rights. Treaty of the European Community in Article 230 (4) imposed limits on the standing of individuals as it required the applicant to be directly and individually concerned by the contested measure. This requirement, especially in case of individual concern, was very difficult to meet. The Court of Justice had developed over time very restrictive interpretation of the rules for standing of individuals. There were a lot of attempts to change the Court's interpretation of the locus standi of non-privileged applicants, like the ones in cases UPA and Jégo-Quéré, but with no success. It has also been discussed why the Court does not want to change its interpretation. Among many arguments one is especially often invoked and serves to justify Court's unwillingness to relax the conditions for standing. This is the reluctance to add to the Court's already heavy workload. Finally, the reform has come. The Lisbon Treaty makes some modifications under Article 263 (4) TFEU. Private parties are allowed to contest a regulatory act which is of direct concern to them and does not entail implementing measures. It is clear that the new locus standi relies heavily on the distinction between legislative and regulatory acts. Private applicants have been expecting more from the Lisbon Treaty. They still hope that the Court of Justice of the European Union is going to make new changes in the future. After all, the European judges are those who are familiar with law and with the needs of the legal system. Therefore, they are competent to seek the ways which comply with the requirements for an efficient and fair system of judicial protection.