November 28
2021
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Dolores Utrilla
Dolores Utrilla
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25th October 2021
Human Rights Institutional law Justice & Litigation

Op-Ed: “Effective judicial protection for retired MEPs: a comment on Poggiolini v European Parliament and Tognoli and Others v European Parliament” by Janek Nowak

It is settled case-law that an action for annulment by a natural or legal person against an EU act is only available if the act in question is intended to have binding legal effects (VodafoneZiggo Group v Commission, C-689/19 P, paragraph 48). Whether an EU act is open to challenge is not a straightforward matter, however. Only this October the Court of Justice has (already) annulled three decisions of the General Court in which the latter declared actions for annulment inadmissible for lack of a challengeable act. Two of those judgments form the subject-matter of this Op-Ed, namely the judgments in Poggiolini v European Parliament (C-408/20 P) and Tognoli and Others v European Parliament (C-431/20 P) (fn 1).

In these cases, vario

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