''Inuit Tapiriit Kanatami v Parliament and Council'' (2013) C-583/11 is an
EU law case, concerning
judicial review in the European Union.
Facts
The claimants, Inuit Tapiriit Kanatami, a non-profit Canadian organisation representing over 50,000 Inuit, challenged a regulation of Parliament and Council on seal products. They further argued that to not be allowed a claim under
TFEU art 263(4) would be inconsistent with the
CFREU
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaim ...
art 47 on an effective remedy.
The General Court rejected the application, because it challenged a regulation made as a legislative act under TFEU art 289, and this was not a 'regulatory' act under art 263(4). This meant the claimants would have to show individual as well as direct concern.
Judgment
The Grand Chamber of the
Court of Justice, upholding the General Court, held that a 'legislative act' is defined by the procedure used to adopt it, not on a functional basis.
See also
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European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
Notes
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References
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Court of Justice of the European Union case law