Challenging EU directives
Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London
Challenging EU directives

The following Public Law guidance note Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London provides comprehensive and up to date legal information covering:

  • Challenging EU directives
  • In brief
  • Direct action for annulment
  • Indirect challenge by preliminary review
  • Incidental review

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In brief

According to settled case law, the Court of Justice of the European Union (CJEU) has the exclusive competence to declare an Act of the European Union invalid. Under the Treaty on the Functioning of the European Union (TFEU), the validity of an EU Directive can be challenged by:Foto-Frost v Hauptzollamt Lübeck-Ost, Case C-314/85

  1. bringing a direct action for annulment before the CJEU under TFEU, art 263.TFEU, art 263

  2. a challenge before a national court indirectly through TFEU, art 267. The action is directed against the implementing measures adopted by the national authorities to transpose a Directive into national law. The national court hearing the case can ask the Court of Justice to review the validity of the Directive by of the preliminary reference procedure in TFEU, art 267 orTFEU, art 267

  3. a challenge incidentally under TFEU, art 267, attached to a main direct action brought before the CJEU under TFEU, art 263