Inuit Tapiriit Kanatami and Others v Parliament and Council ...

Facts

• The case involved Inuit Tapiriit Kanatami and others challenging an EU regulation on the trade in seal products.
• The applicants sought to annul the regulation, claiming it adversely impacted their legal situation.
• The central issue was whether the applicants satisfied the requirements for standing under Article 263(4) TFEU to bring an action before the Court.
• The General Court examined if the applicants were directly and individually concerned by the challenged regulation.

Issues

1. Whether the applicants satisfied the condition of direct concern as required by Article 263(4) TFEU.
2. Whether the applicants could demonstrate individual concern, distinguishing themselves from others in light of the Plaumann test.
3. How the requirements for standing apply to challenges against regulatory acts of general application, specifically regulations that do not require implementing measures.

Decision

• The General Court reiterated that direct concern exists only if the contested act directly affects the applicant’s legal situation and leaves no discretion to Member States in implementation.
• The Court found that individual concern requires applicants to be affected in a manner distinct from other persons, as defined by the Plaumann test.
• The Court held that the applicants faced significant difficulties meeting the individual concern requirement for challenging regulatory acts such as the contested regulation.
• The judgment emphasized that broad regulations applying generally are typically not susceptible to challenge by individuals lacking distinguishing attributes.

Legal Principles

• Article 263(4) TFEU imposes strict requirements for standing on non-privileged applicants, specifically the need to prove both direct and individual concern.
• The Plaumann test sets a high threshold for establishing individual concern, requiring applicants to be affected in a way that distinguishes them from all others.
• Regulatory acts that do not involve implementing measures may still be challenged, but applicants must clearly satisfy both standing requirements.
• The jurisprudence continues to develop, but the balance between access to justice and procedural efficiency remains central to the court’s approach.

Conclusion

The General Court's decision in Inuit Tapiriit Kanatami and Others v Parliament and Council strengthened the restrictive interpretation of standing under Article 263(4) TFEU, highlighting the substantial challenges applicants face in demonstrating individual concern, particularly when contesting regulatory acts of general application.