Jégo-Quéré v Commission (Cases T-177/01 and C-263/02 P)

Facts

• French fishermen (Jégo-Quéré and others) challenged an EU regulation concerning fishing quotas, arguing it directly and individually concerned them.
• The applicants contended that the regulation’s impact on their fishing activities created a sufficient link to establish standing.
• The General Court (Case T-177/01) initially ruled in their favor, recognizing individual concern due to the limited and specifically affected group of fishermen.

Issues

1. Whether the applicants were directly and individually concerned by the regulation for the purpose of obtaining standing to challenge it under Article 263 TFEU.
2. Whether the group’s limited and determinable nature differentiated the applicants sufficiently from all other persons, per the Plaumann test.
3. Whether the General Court’s approach to individual concern was compatible with established CJEU case law.

Decision

• The Commission appealed the General Court’s decision to the CJEU (Case C-263/02 P).
• The CJEU overturned the General Court’s judgment, reasserting the Plaumann test’s strict interpretation.
• The Court held that the applicants, though part of a limited group, were not sufficiently differentiated from potential future fishermen who could also be affected by the regulation.
• The CJEU maintained the high threshold for establishing individual concern, making it difficult for individuals to challenge EU legislation.

Legal Principles

• The Plaumann test requires that an individual be affected by an EU measure in a manner that distinguishes them from all other persons.
• Direct and individual concern remains a stringent requirement for standing under Article 263 TFEU.
• Being part of a limited or closed group impacted by a measure is not adequate for individual concern unless the applicant is uniquely distinguished.
• Substantial effects alone are insufficient to establish standing without a specific and unique legal link to the applicant.

Conclusion

The CJEU in Jégo-Quéré v Commission reaffirmed the restrictive interpretation of standing under Article 263 TFEU, emphasizing that individuals must be uniquely affected by an act to meet the direct and individual concern criteria, thereby reinforcing significant barriers to judicial review of EU acts by individuals.