Edited by Herwig C.H. Hofmann, Katerina Pantazatou and Giovanni Zaccaroni
Chapter 8: Procedural rights within the European Economic Constitution: the rights and interests of those affected by the legal measures enacted to counter the economic crisis
This chapter examines the different legal remedies available under EU law for the legal persons whose position has been affected by the acts adopted by the EU institutions as a part of the different legal instruments built in order to counter the economic crisis. This will be done through an analysis of the recent case law of the Court of Justice, structured in three steps. In the first step, we will examine the possibility to obtain the annulment of the act, having regard of the main legal instrument provided by the Treaties for this purpose (the action for annulment in Art. 263 of the TFEU). In the second step, we will explore the possibility of invoking in front of the Court of Justice an action for damages against the institution concerned. In the third, concluding step, we will look at the remedies at national level, looking at two cases where the Court of Justice has scrutinized the validity of implementing national measures in light of EU law.
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