INTRODUCTION

This chapter considers judicial review by the European Court of Justice. It is organised as follows.

Section 2 considers the scope of Article 263 TFEU, the central provision governing direct actions for judicial review of Union measures before the General Court and the Court of Justice. It has been amended by the Lisbon Treaty to allow not just the traditional institutions to be reviewed but also the European Council and EU agencies, offices and bodies. The measures susceptible to review include not just formal legal acts but any measure intended to produce legal effects. This will be any measure which is clear, definitive and produces a change in the applicant's legal situation.

Section 3 considers the grounds for review. A measure will be annulled, first, if the institution does not have the formal competence to adopt it. Review is possible, secondly, if the institution has misused its power. This may be an abuse of power where a power is used for purposes other than that for which it was granted. More common is a manifest error of assessment. This requires Union measures to be substantiated by the evidence provided, and for that evidence to be accurate, reliable, consistent and sufficiently complete. The third heading of review is ‘rights of process’.