Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/03/2013

Subject: The Court dismissed the appeal of the appellants, affirming that Article 47 of the Charter of Fundamental Rights of the EU is not intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to the admissibility of direct actions brought before the Courts of the European Union, as is apparent also from the Explanation on Article 47. Accordingly, the conditions of admissibility laid down in the fourth paragraph of Article 263 TFEU must be interpreted in the light of the fundamental right to effective judicial protection, but such an interpretation cannot have the effect of setting aside the conditions expressly laid down in that Treaty. Then the Court affirmed that the protection conferred by Article 47 of the Charter does not require that an individual should have an unconditional entitlement to bring an action for annulment of European Union legislative acts directly before the Courts of the European Union. Furthermore, this fundamental does not require that an individual should be entitled to bring actions against such acts, as their primary subject matter, before the national courts or tribunals.

Parties: Inuit Tapiriit Kanatami e a.

Classification: Justice - Art. 47 Justice: effective

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