Not the law itself: Judgment

Address https://gelex.eu/eli/EU/judgment/62022TO0786_INF@2023-07-27/en

1. Action for annulmentInterest in bringing proceedingsAction brought by an applicant who is not an addressee of the contested actAdmissibilityConditionMeasure producing binding legal effects vis-à-vis the applicantCommission decision granting market authorisation for a COVID-19 vaccineMeasure not bringing about a change in the applicant’s legal positionNo interest in bringing proceedings (Art. 263, fourth para., TFEU) (see paragraphs 16-20, 25, 26)

2. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themDirect concernCriteriaCommission decision granting market authorisation for a COVID-19 vaccineApplicant not directly affected (Art. 263, fourth para., TFEU) (see paragraphs 30-32, 35, 36)

3. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themCommission decision granting market authorisation for a COVID-19 vaccineAction brought by individuals relying on a violation of fundamental rightsNot individually concerned (Art. 263, fourth para., TFEU) (see paragraphs 37-41)

4. Action for annulmentNatural or legal personsConcept of regulatory act within the meaning of the fourth paragraph of Article 263 TFEUAny measure of general application other than legislative actsCommission decision granting market authorisation for a COVID-19 vaccineNot included (Art. 263, fourth para., TFEU) (see paragraphs 42, 43)

5. Fundamental rightsRight to effective judicial protectionReview of legality of EU measuresProceduresProtection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure (Arts 263, 267 and 277 TFEU) (see paragraphs 45, 46)

Operative part

1. The action is dismissed as inadmissible.

2. Mr Giovanni Frajese shall pay the costs.

Versions

1. 2023-07-27