Plaumann & Co v Commission
A private applicant is individually concerned by an EU act only if it affects him by reason of attributes peculiar to him, which differentiate him from all other persons.
Facts
Germany asked the Commission for permission to suspend the customs duty on clementines imported from outside the EU. The Commission refused, by a decision addressed to Germany. Plaumann, a German importer of clementines, sought the annulment of the decision. The question was whether Plaumann was directly and individually concerned by the decision, so that it had standing to challenge it.
Legal principle
The Court of Justice held that Plaumann was not individually concerned, so its action was inadmissible. Persons other than those to whom a decision is addressed may only claim to be individually concerned if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons, and by virtue of these factors distinguishes them individually just as in the case of the person addressed. Plaumann was affected only as an importer of clementines, a commercial activity which may at any time be practised by any person, so it was not individually concerned. This test has made it very difficult for private parties to challenge EU acts.
Related cases on Judicial review and actions against EU institutions
- Aktien-Zuckerfabrik Schöppenstedt v Council Case 5/71, [1971] ECR 975
- Codorníu SA v Council Case C-309/89, [1994] ECR I-1853
- Commission v France (Fishery products) Case C-304/02, [2005] ECR I-6263
- Commission v Jégo-Quéré & Cie SA Case C-263/02 P, [2004] ECR I-3425
- Germany v European Parliament and Council (Tobacco Advertising) Case C-376/98, [2000] ECR I-8419
- Inuit Tapiriit Kanatami v European Parliament and Council Case C-583/11 P, EU:C:2013:625
- Laboratoires Pharmaceutiques Bergaderm SA v Commission Case C-352/98 P, [2000] ECR I-5291
- Meroni & Co, Industrie Metallurgiche SAS v High Authority Case 9/56, [1957 and 1958] ECR 133
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