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LL232: Law & Institutions of the European Union  

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LL232: Law & Institutions of the European Union Michealmas Term Group Essay Q: Discuss the pros and cons of the requirement of individual and direct concern for natural and legal persons to challenge Community acts pursuant to Article 230EC. Under Art.230(4)EC 'natural or legal persons' may only directly challenge the Community acts of a decision addressed to a third party and a decision in the form of a regulation, and further only if they are of 'direct and individual concern' to the applicant. 'Natural and legal persons' are all non-privileged applicants (privileged applicants being the Member States and the EU institutions) thus including all individuals, private bodies, companies and interest groups. The European Court in Plaumann ruled that an applicant is only 'individually concerned' if the contested decision affects them by reason of certain attributes which are peculiar to them, or by circumstances which differentiate them from all others, such that it distinguishes...

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