The Status of Natural or Legal Persons According to the Annulment Procedure Post-Lisbon

In 2007, the Lisbon Treaty introduced changes to private parties’ rights to file actions for annulment of European Union measures. As pre-Lisbon, it was exceedingly difficult for private parties to succeed in filing such an action, the aim of the new Article 263 TFEU was primarily to relax standing conditions for these actors. However, as the new provision contained terms that were not defined anywhere else in the Treaty, it took several decisions of the European Court of Justice to clarify the position of private parties under Lisbon. By analysing both the pre- and post- Lisbon case law of the European Court of Justice, this article identifies that the new Article 263 TFEU now contains two different standing tests: the ‘general standing test’ for legislative acts where applicants have to prove direct and individual concern, and the ‘Lisbon test’ of direct concern for regulatory acts that do not contain implementing measures. It concludes that, while the Lisbon Treaty has made it easier for natural or legal persons to challenge non-legislative acts of general application, the status of private parties wishing to challenge European Union acts that have been adopted under the ordinary legislative procedure has remained unchanged