Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.
Showing only entries concerning chapter Part 5, F. 6.. View all entries
Enforcement – Exercise 6
Page: 123
Chapter: Part 5, F. 6.
Suggested solution:
No, the plea of illegality is a mere argument that can be used in a procedure before the Court of Justice (Wöhrmann). According to the wording of Art. 277 TFEU, any act of general application can be challenged by any party. However, in principle, this is possible only if the act could not have been challenged under Art. 263 TFEU (annulment procedure), though with the exception of privileged applicants in relation to a regulation (Spain v Council).
[Relevant Charts: Chapter 12, in particular Chart 12/26]
[V.1.2]