The EU Court of Justice reinforces the Plaumann test and re-emphasizes the role attributed to the national courts within the framework of the preliminary ruling procedure to ensure judicial review of the legality of EU acts (Telefónica)

What's left of the 'new limb' of Art 263(4) TFEU after Inuit and Telefonica? (C-274/12 P)* In its Judgment of 19 December in case C-274/12 P Telefonica v Commission, the CJEU has continued to define (and minimise) the scope of Article 263(4) TFEU and, particularly, the 'new' third limb introduced by the Treaty of Lisbon according to which 'Any natural or legal person may [...] institute proceedings against [...] a regulatory act which is of direct concern to them and does not entail implementing measures.' The restrictive approach adopted in the interpretation of this provision is largely based on the (substitutive) potential reliance on requests for a preliminary ruling under Article 267 TFEU against the measures not susceptible of a direct challenge by 'non-qualified' applicants.

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Albert Sánchez Graells, The EU Court of Justice reinforces the Plaumann test and re-emphasizes the role attributed to the national courts within the framework of the preliminary ruling procedure to ensure judicial review of the legality of EU acts (Telefónica), 19 December 2013, e-Competitions Bulletin December 2013, Art. N° 62018

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