Case C-50/00 UPA v Council [2002]

Case C-50/00 Unión de Pequeños Agricultores (UPA) v Council [2002]

Contrary to Advocate General Jacobs’ forceful argument that the Plaumann test should be replaced with a less strict test, the Court of Justice maintained the test, on the basis that the explanation to Article 47 of the Charter of Fundamental Rights of the European Union (right to effective judicial protection) clearly states that the right is not to affect the ‘system of judicial review’.

Arguably, this case also shifts the burden of filtering judicial review claims to Member States.

UPA could not prevent the revocation of aid to its olive oil production business.

RELATED CASE  Case C-417/04 Regione Siciliana v Commission [2006]

Posted in EU Law Revision Notes.

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