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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Plea of Illegality: Court of Justice of the European Union (CJEU)

Carmen Martínez Capdevila

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 April 2021

International organizations, practice and procedure — Judicial review

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The plea of illegality is enshrined in Article 277 Treaty on the Functioning of the European Union (‘TFEU’) (2007), which establishes the following: Notwithstanding the expiry of the period laid down in Article 263, sixth paragraph, any party may, in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article 263, second paragraph, in order to invoke before the Court of Justice of the European Union the inapplicability of that act. 2 This provision was...
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