Examples of EU institution in a sentence
Under Article 10(1) of the Aarhus Regulation, any non-governmental organisation (NGO) which meets the criteria set out in Article 11 thereof may submit a reasoned request and trigger an internal review of an administrative act by the EU institution or body that adopted it under environmental law.
Article 10(2) of the Aarhus Regulation also provides that the written position taken by the EU institution or body to which a request for internal review of one of its acts has been submitted is to state the reasons on which it is based.
According to the Commission, written submissions lodged by an EU institution with the EU judicature are of a ‘dual nature’ in that they fall at the same time within the general right of access to documents of the institutions, laid down in the first subparagraph of Article 15(3) TFEU, and within the exception for documents relating to the judicial activity of the Court of Justice of the European Union, laid down in the fourth subparagraph of that provision.
In the case of acts or decisions adopted by a procedure involving several stages, in particular where they are the culmination of an internal procedure, neither does that apply to acts or decisions that are purely preparatory, in so far as they do not definitively establish the position of the EU institution, body, office or agency on any aspect of that procedure (see, to that effect, judgment of 7 March 2002, Satellimages TV5 v Commission, T-95/99, EU:T:2002:62, paragraphs 32 to 41).
Currently, then, in the absence of CJEU jurisdiction, there is no single EU institution to harmonize potentially conflicting interpretations of EU law in this area.
In Ledra Advertising, the Court could even hear an action for damages allegedly caused by an EU institution outside of the framework of EU law, by an act against which an action for annulment could not be introduced, as it was external to the European Union.
When, exceptionally, the consolidating supervisor intends to communicate or request information from an EU institution or an EU branch outside its supervisory remit, it shall inform in advance the member of the college responsible for supervising this EU institution or EU branch.
Further, it must be observed that Article 2(2) of the Aarhus Regulation provides that administrative acts and administrative omissions are not to include measures taken or omissions by an EU institution or body in its capacity as an administrative review body, under, for example, Articles 101, 102, 106, 107, 228, 258, 260 and 325 TFEU relating to the competition rules, infringement proceedings, European Ombudsman proceedings and anti-fraud proceedings.
In that regard, Article 2(1)(g) of the Aarhus Regulation defines ‘administrative act’ for the purpose of that regulation as meaning any measure of individual scope under environmental law, taken by an EU institution or body, and having legally binding and external effects.
That does not apply to internal measures that do not produce any binding legal effect outside of the EU institution, body, office or agency which adopted them (see, to that effect, judgment of 17 July 1959, Phoenix-Rheinrohr v High Authority, 20/58, EU:C:1959:14, p.