Inuit Tapiriit Kanatami v European Parliament and Council (C...

Facts

• Inuit Tapiriit Kanatami and other applicants sought annulment of an EU regulation on seal products adopted by the European Parliament and Council.
• The dispute centred on the interpretation of “regulatory act” within Article 263 of the Treaty on the Functioning of the European Union (TFEU).
• Prior uncertainty existed regarding the meaning of “regulatory act,” which affected judicial review access for those without privileged status.
• The applicants argued that the regulation directly affected their legal position and did not require further implementing measures.

Issues

1. Whether the challenged regulation constitutes a “regulatory act” within the meaning of Article 263 TFEU.
2. What the defining criteria are for a “regulatory act,” particularly regarding direct concern and the need (or absence) of implementing measures.
3. How the interpretation of “regulatory act” impacts the ability of non-privileged applicants to seek annulment before the courts.

Decision

• The Court held that a “regulatory act” under Article 263 TFEU is an act of general application, other than a legislative act, which does not require implementing measures.
• The CJEU confirmed that such acts must directly concern the applicant and have immediate operative effect to be challengeable by non-privileged applicants.
• The Court clarified that ambiguity is removed by emphasising the necessity for direct concern and the absence of implementing measures.
• Clear criteria were provided, increasing judicial review access for non-privileged applicants.

Legal Principles

• “Regulatory acts” within Article 263 TFEU are non-legislative acts of general application that do not require implementing measures.
• Such acts are reviewable if they directly concern applicants and have immediate effect.
• Distinguishing regulatory acts from other EU acts depends on whether implementing measures exist.
• The clarified definition enhances accountability and legal certainty in the EU legal framework.

Conclusion

The CJEU defined “regulatory acts” under Article 263 TFEU as non-legislative, general acts not requiring implementing measures, enabling wider judicial review by non-privileged applicants directly affected by such acts.