The significant requirements of direct concern, and individual concern have to be fulfilled for review. A measure will be of direct concern where it directly affects the legal situation of the applicant. Generally, a decision is of direct concern to an applicant if the addressee has no discretion in implementing the decision.
In the case of Municipality of Differdange , the applicant failed to show the requirement of direct concern where a Commission ruling in regards to the steel industry left such a margin of discretion as to which factories were to be closed, and so, the challenger – a city affected by the closures – was not held to fulfil the requirement of direct concern.
The International Fruit company case held a different judgement to that of Municipality of Differdange. Although the Netherlands – had exercised discretion in issuing or declining import licenses to fruit importers (which the applicant was). The European Court of Justice (ECJ) gave importance to, that it is obliged to examine whether the legality of regulations may be affected by reason of th...
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...of effective judicial protection” or to adjust the conditions of standing specified in the Treaty through political agreement. At the 1996 Intergovernmental Conference where the ECJ invited Member States to discuss reforming the test. However, no alteration has since been applied by any of the member states.
To conclude, for an applicant to succeed in an application of judicial review the requirements of direct and individual concern must be established through the application of the courts. To meet the requirement on individual concern, the critically debated Plaumann test is still applied, in order to be accepted for review under Article 263(4) TFEU, however there is great concern as to whether the Plaumann Test should still be applied due to its harsh nature. The test has been briefly commented on by member states, and a change in the test is yet to be applied.
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