''Inuit Tapiriit Kanatami v Parliament and Council'' (2013) C-583/11 is an
EU 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 val ...
case, concerning
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
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
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
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 proclai ...
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
*
European Union law
Notes
{{reflist, 2
References
*
Court of Justice of the European Union case law