Wednesday, March 16, 2005

Grounds for Judicial Review I-Lack of Competence

The Court of Justice may review challenges to Community acts on four grounds:

1- Lack of competence;
2 Violations to procedures set out by the EEC Treaty;
3- Violations of an act to principle law;
4- Misuse of power.


An act of Community institution may be challenged under Art. 230 on grounds of lack of competence(see for example, Germany v EP and Coucil, Case C-367/98.) The Tobacco Advertising case, in which ECJ annulled a decision by the Commission's lack of competence to impose a general ban on tobacco advertising under Art. 95 (ex Art.100, 47(2) (ex 57(2) and 55 (ex66), EEC Treaty.

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